Lyon v. . Morgan
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the fourth judicial department, made April 26,1892, which reversed a judgment in favor of defendants entered upon a decision of the court dismissing the complaint made on trial at Special Term and directed a new trial. This was an action for partition. The facts, so far as material, are stated in the opinion.
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Appeal from order of the General Term of the Supreme Court in the fourth judicial department, made April 26,1892, which reversed a judgment in favor of defendants entered upon a decision of the court dismissing the complaint made on trial at Special Term and directed a new trial. This was an action for partition. The facts, so far as material, are stated in the opinion. Silas N. Carman and his successors in interest are clearly estopped as against the mortgagee in the $10,000 mortgage, and his successors, from claiming any interest in the lands mortgaged. (T. B. Co. v. Duncan, 86 N. Y. 221;…
1Opinion of the CourtO’Brien, J.
The plaintiff claimed to be the owner and in possession of the undivided one-fourth part of sixteen acres of land which, he sought to partition in this action, the defendant William A. Morgan being the' owner of the other three-fourths. The complaint was dismissed at the trial o.n the ground that the plaintiff had failed to show any title to the land or any right to maintain the action. This judgment has been reversed by the General Term and a new trial granted. The original defendant, William A. Morgan, died after the entry of the judgment, and his infant children, who have succeeded to his…
2Cases cited2 opinions
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- Holland v. . BrownNew York Court of Appeals · 1893
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