Legal Opinion

Denton v. Ontario County National Bank

New York Supreme Court

Decided April 12, 1894PublishedCited by 1 opinion

Appeal from special term, Ontario county. Action by Eugene C. Denton against the Ontario County National Bank, impleaded, to foreclose a mortgage. From a judgment in favor of defendant, plaintiff appeals. Affirmed. For former report, see 18 N. Y. Hupp. 38.

1Opinion of the CourtDwight, P. J.

The action was to foreclose a mortgage of $1,000 on a parcel of 33 acres of a farm of 208 acres, title to which was in the defendant bank, as purchaser at the sales in foreclosure on two previous mortgages. No other defendant appeared in this action. The plaintiff’s alleged standing to assert the lien of his mortgage notwithstanding such previous foreclosures is based upon the facts that the first of the mortgages foreclosed covered only the other parcel, of 175 acres, of the farm, and that in the action to foreclose the other mortgage, which covered both parcels, the plaintiff was not made a…

2Cases cited3 opinions

  1. Stuyvesant v. HallNew York Court of Chancery · 1847
  2. Hart v. . WandleNew York Court of Appeals · 1872
  3. Denton v. Ontario County Nat. BankNew York Supreme Court · 1892

3Cited by1 opinion

  1. Bank of Commerce v. First National BankIndiana Supreme Court · 1898

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