Legal Opinion

Becker v. McCrea

Appellate Division of the Supreme Court of the State of New York

Decided April 19, 1907PublishedCited by 5 opinions

• Appeal By the -plaintiffs,. 0. Adelbert Becker and another, and. by the defendant, Maggie McOiea, from a judgment of the Supreme . Court in favor of the defendants, Annie Brevoort Eddy and others, entered in -the- office of the clerk of the county of Westchester oil the 6th day óf June, 1905, upon the decision of the.court rendered’ after a trial at the Westchester Special Term.

1Opinion of the Court

Miller, J.:

■ The respondents are-the devisees of Jane B. Eddy, deceased, who in 1877 conveyed the -property involved in this suit toi.one Bernard Spaulding, taking back a purchase-money mortgage. In the same year said-Spaulding conveyed to the defendant McOrea. . In'1878 an' action to foreclose.said mortgage was commenced and prosecuted to judgment, but there was no sale under the judgment.. In 1904 *57said defendant McCrea attempted to convey an undivided eighth part .of said premises to the plaintiff, evidently for the purpose of obtaining an adjudication of title in a partition suit instead…

2Cases cited8 opinions

  1. Dunning v. . LeavittNew York Court of Appeals · 1881
  2. Demarest v. WynkoopNew York Court of Chancery · 1817
  3. Trimm v. . MarshNew York Court of Appeals · 1874
  4. Howell v. . LeavittNew York Court of Appeals · 1884
  5. Townshend v. . ThomsonNew York Court of Appeals · 1893

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

3Cited by5 opinions

  1. Becker v. McCreaAppellate Division of the Supreme Court of the State of New York · 1912
  2. Becker v. McCreaAppellate Division of the Supreme Court of the State of New York · 1909
  3. Fallsview Glatt Kosher Caterers, Inc. v. RosenfeldCivil Court of the City of New York · 2005
  4. Harway v. Harway Imp. Co.Appellate Division of the Supreme Court of the State of New York · 1908
  5. Harway v. Harway Improvement Co.Appellate Division of the Supreme Court of the State of New York · 1908

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