Legal Opinion

Brown v. . Keeney Settlement Cheese Asso.

New York Court of Appeals

Decided December 8, 1874PublishedCited by 4 opinions

1Opinion of the Court

It has been frequently decided, and very recently in the case of Pfohl v. Sampson,* that an appeal does not lie to this court from an order made during the pendency of an action granting a temporary injunction, which involves a right connected with the subject of the action, and which may be determined by the final judgment therein. The building erected on the mortgaged premises by the defendant is presumptively a part of the freehold, and subject to the lien of the plaintiff's mortgage, and the court, in the exercise of its ordinary jurisdiction, may, upon the application of a mortgagee,…

2Cases cited1 opinion

  1. New-York Life Insurance & Trust Co. v. MilnorNew York Court of Chancery · 1846

3Cited by4 opinions

  1. Walker Memorial Baptist Church, Inc. v. SaundersNew York Court of Appeals · 1941
  2. J. A. Preston Corp. v. Fabrication Enterprises, Inc.New York Court of Appeals · 1986
  3. Brydon v. City of Hermosa BeachCalifornia Court of Appeal · 1928
  4. Eichhammer v. ParsonsNew York Court of Appeals · 1937

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