Sprague v. Cochran
New York Supreme Court
Appeal from special term, Sullivan county. Action by Warner E. Sprague and Antoinette Appley against William B. Cochran and others to enforce against certain land the lien of a mortgage executed by William B. Cochran in favor of Antoinette Appley, and by her assigned to Warner E. Sprague. From an order overruling a demurrer to the complaint, and from an interlocutory judgment entered thereon, defendants appeal. Affirmed.
1Opinion of the CourtMayham, P. J.
The demurrer is solely based upon the misjoinder of parties plaintiff. In order to determine whether, upon the face of the complaint, there is or is not a misjoinder of parties plaintiff, a brief résumé of the allegations of the complaint may be necessary. It alleges, in substance, that William B. Cochran, one of the defendants, was the owner of certain real estate, which he undertook to mortgage to Appley, to secure a loan of money made by her to him. In making the mortgage, a valuable portion of the real estate which was to have been embraced therein was by mutual mistake omitted from the…
2Cases cited6 opinions
- Shepard v. Manhattan Railway Co.New York Court of Appeals · 1889
- Murray v. HayNew York Court of Chancery · 1845
- Townsend v. . BogertNew York Court of Appeals · 1891
- Haines v. . HollisterNew York Court of Appeals · 1876
- Miller v. . HallNew York Court of Appeals · 1877
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