Lyons National Bank v. . Shuler
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered June 22, 1909, affirming a judgment in favor of respondents herein entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. The milling company and its mortgagees took nothing by their deeds and mortgages. (Bank v. Shuler, 115 App.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered June 22, 1909, affirming a judgment in favor of respondents herein entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. The milling company and its mortgagees took nothing by their deeds and mortgages. (Bank v. Shuler, 115 App. Div. 859.) The plaintiff does not waive any legal right by coming into equity. (Bank v. Shuler, 115 App. Div. 859; Satterlee v. Kobbe, 173 N. Y. 91; Rice v. Dewey, 54 Barb. 455;…
1Opinion of the CourtGray, J.
I think that the judgment below is correct, in the one respect in which it is now the subject of attack. It allowed to the respondent, the Lyons Milling Company, compensation for the improvements placed upon the property purchased by it; notwithstanding that the conveyance to it of the lands was held to have been void. The purchase price was not allowed. The conveyance was by the trustee named in the will of Margaret Shuler, in execution of a power of sale conferred upon the trustee, and, upon this appeal, we are to assume the correctness of the decision by the Appellate Division that the…
2Cases cited2 opinions
- Thomas v. . EvansNew York Court of Appeals · 1887
- Hewlett v. . WoodNew York Court of Appeals · 1875
3Cited by4 opinions
- In re the Probate of a Paper Propounded as the Last Will & Testament of ConnellNew York Surrogate's Court · 1912
- Raposa v. GuaySupreme Court of Rhode Island · 1956
- Mulholland v. JollyCourt of Appeals of Texas · 1929
- Vulovich v. BaichAppellate Division of the Supreme Court of the State of New York · 1955