Lawton v. Lawton
New York Supreme Court
Appeal from special term, New York county. Action by Susan R. Lawton to foreclose a mortgage made by George'-*B. Lawton, her husband. On petition of Jennie Mull Allaire an order was made, ■opening the decree of foreclosure and allowing her to become a party to„ the foreclosure action on certain conditions. From that part of the order which imposes conditions, petitioner appeals.
1Opinion of the CourtBrady, J.
This is an action to foreclose a mortgage made by the defendant George B. Lawton to his wife, the plaintiff. The complaint was served' on the defendant George B. Lawton, who voluntarily appeared on the same day. The defendant George B. Lawton, Jr., did not appear. Neither answer nor demurrer was served herein, and judgment was entered by the plaintiff’s attorney on the 26tli of April, 1889. The appellant, by petition verified May 11, 1889, obtained an order to show cause why the judgment should not be opened .and she made a party to this action. Upon the argument which followed, an order was…
2Cases cited2 opinions
- Tompkins v. SmithThe Superior Court of New York City · 1882
- Tompkins v. . SmithNew York Court of Appeals · 1882
3Cited by4 opinions
- Uhlfelder v. TamsenAppellate Division of the Supreme Court of the State of New York · 1897
- Uhlfelder v. TamsenAppellate Terms of the Supreme Court of New York · 1896
- Lowenstein v. ReikesNew York Supreme Court · 1931
- Draper v. PrattNew York Supreme Court · 1904