Legal Opinion

Westbrook v. . Gleason

New York Court of Appeals

Decided November 25, 1879PublishedCited by 32 opinions

Appeal from judgment of the General Term of tho Supreme Court, in the third judicial department, affirming so much of the judgment herein as held that defendant Gleason had acquired a title to fifty-five acres of the lands, to foreclose a mortgage whereon this action was brought, superior to said mortgage. (Reported below, 14 Ilun, 245.) The facts are.fully, set forth in the prevailing opinions.

1Opinion of the Court

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] This is an action to foreclose a mortgage upon about two hundred and seventy-five acres of land, situated in Delaware county, which was executed by Dennis D. McKoon to Marius Schoonmaker, and by him assigned to the plaintiff. The facts, so far as they are material to the decision of the question submitted to us, were found at the Special Term of the Supreme Court as follows: Prior to September, 1856, Nicholas Elmendorf claimed to own the mortgaged lands; and he…

2Cases cited12 opinions

  1. Bush v. . LathropNew York Court of Appeals · 1860
  2. Weaver v. . BardenNew York Court of Appeals · 1872
  3. Dickerson v. TillinghastNew York Court of Chancery · 1833
  4. Wood v. . ChapinNew York Court of Appeals · 1856
  5. Greene v. . WarnickNew York Court of Appeals · 1876

7 more not listed; retrieve them via the Exa API.

3Cited by32 opinions

  1. Decker v. . BoiceNew York Court of Appeals · 1880
  2. Merrill v. LuceSouth Dakota Supreme Court · 1894
  3. Butler v. Bank of MazeppaWisconsin Supreme Court · 1896
  4. O'Brien v. . FleckensteinNew York Court of Appeals · 1905
  5. Stockschlaeder & McDonald, Esqs. v. Kittay (In Re Stockbridge Funding Corp.)United States Bankruptcy Court, S.D. New York · 1992

27 more not listed; retrieve them via the Exa API.

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