Hawley v. Hawley
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Miles J. Hawley, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Chautauqua on the 22d day of Uovemher, 1898, upon the report of a referee.
1Opinion of the Court
Spring, J.:
The action is partition, brought by an heir at law, and in the complaint it is alleged that the plaintiff is the owner of a bond and mortgage by assignment from his father, upon which there is unpaid the sum of $1,550. The only controversy in the case is over the assignment of this bond and mortgage.
John B. Hawley was the father of the present tenants in common of the land, and at one time was the owner of the bond and mortgage in question, and after his death, which occurred in 1893, an unrecorded assignment of the same, signed by said decedent and duly acknowledged, was found…
2Cases cited3 opinions
- Robb v. Hackley & WeltonNew York Supreme Court · 1840
- Baber v. Broadway & Seventh Avenue RailroadNew York Court of Common Pleas · 1894
- Vilas National Bank v. NewtonAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by3 opinions
- Gelbin v. New York, N. H. & H. R.Court of Appeals for the Second Circuit · 1933
- Gibbons v. PerkinsNew York Supreme Court · 1928
- Lincoln National Bank v. Fischer-HansenAppellate Division of the Supreme Court of the State of New York · 1904