Hubbell v. . Sibley
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment in favor of defendant, entered upon the report of a referee.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment in favor of defendant, entered upon the report of a referee. (Reported below, 5 Lans., 51.) This action was brought for an accounting to ascertain amount due upon certain mortgages covering certain lands, of which plaintiffs claimed to own the undivided one-half, and of which defendant was in possession, claiming title under a foreclosure sale, which plaintiffs alleged to be defective and invalid. He also asked leave to redeem, and upon payment of the amount found duerto…
1Opinion of the CourtGboveb, J.
The statute of limitations is one of the defences set up by the answer and relied upon by the defendant. If this is valid, it will be unnecessary to examine the others, as this will dispose of the case. The same question was examined by this court during this session, in Miner v. Beekman * , and in the opinion it was held that the facts brought the case within sec. 97 of the Code, and that, therefore, the action was barred in ten years after it accrued, but as the same judgment must have been given, whether this was so or not, and as the question is important, it was again argued in the…
2Cases cited2 opinions
- Chase v. . PeckNew York Court of Appeals · 1860
- Phyfe v. RileyNew York Supreme Court · 1836
3Cited by20 opinions
- Diocese of Bismarck Trust v. Ramada, Inc.North Dakota Supreme Court · 1996
- Ford v. . ClendeninNew York Court of Appeals · 1915
- Nash v. Northwest Land Co.North Dakota Supreme Court · 1906
- Hubbell v. . MedburyNew York Court of Appeals · 1873
- Stall v. JonesNebraska Supreme Court · 1896
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