Bigelow v. Davol
New York Supreme Court
Appeal from special term, Kings county. Action by Georgianna Bigelow against William H. Davol and others to foreclose a mortgage. From a judgment for plaintiff, defendants appeal.
1Opinion of the CourtBarnard, P. J.
The plaintiff is the owner of a mortgage executed on the 1st of September, 1887, conveying 18J sixty-fourth *495parts of certain, premises in Brooklyn to Joseph M, Pray. She acquired her title thereto in October, 1887, and her assignment was recorded in ¡November, 1887. The premises were subject to a previous mortgage given in 1884. In 1889 this prior mortgage was assigned to one Hutchinson, who foreclosed it, but did not make ■the plaintiff a party defendant in the foreclosure action. The property was bought in by Hutchinson at the foreclosure sale, and soon after his purchase he sold the land…
2Cases cited3 opinions
- Collier v. . MunnNew York Court of Appeals · 1869
- Trustees of Union College v. WheelerNew York Court of Appeals · 1874
- Bigelow v. DavolNew York Supreme Court · 1891