Tompkins v. Rice
New York Supreme Court
Appeal from special term, Schuyler county. Action by Joseph J. Tompkins, as administrator of Adelia Tompkins, deceased, against Martha A. Rice and others. Judgment was entered for plaintiff, and defendant Martha A. Rice appeals.
1Opinion of the CourtMartin, J.
This action was brought to foreclose a mortgage. The title to the bond and mortgage, and the debt secured thereby, was claimed by the plaintiff, and also by the defendant Martha A. Bice. Such proceedings were thereupon had that the defendants who were liable to pay the mortgage debt were permitted to deposit the amount unpaid thereon with the court, and the mortgage was duly satisfied and discharged. The appellant was then made a party to the action, and the action was transformed into an action to determine the rights of the appellant and respondent to the fund in the hands of the court. The…
2Cases cited8 opinions
- Olmsted v. . KeyesNew York Court of Appeals · 1881
- Westervelt v. . GreggNew York Court of Appeals · 1854
- Robins v. . McClureNew York Court of Appeals · 1885
- Barnes v. . UnderwoodNew York Court of Appeals · 1872
- Ransom v. . NicholsNew York Court of Appeals · 1860
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3Cited by2 opinions
- Foehner v. HuberAppellate Division of the Supreme Court of the State of New York · 1899
- Gittings v. RusselNew York Supreme Court · 1906