Purdy v. . Coar
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas, in and for the city and county of New York, entered upon an order made January 7, 1886, which affirmed a judgment in favor of plaintiffs, entered upon a decision of the court on trial at' Special Term. (Reported below, 13 Daly, 449.) This action was brought to foreclose a mortgage executed by defendant Coar and his wife, the defendant Mary J. Coar, who alone defended.
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Appeal from judgment of the General Term of the Court of Common Pleas, in and for the city and county of New York, entered upon an order made January 7, 1886, which affirmed a judgment in favor of plaintiffs, entered upon a decision of the court on trial at' Special Term. (Reported below, 13 Daly, 449.) This action was brought to foreclose a mortgage executed by defendant Coar and his wife, the defendant Mary J. Coar, who alone defended. The facts are sufficiently stated in the opinion. The rights of the defendant, Mary J. Coar, could not be affected by any act or representation of John Coar,…
1Opinion of the CourtFinch, J.
This is a case in which dates are of importance. On September 8, 1884, one John Coar was the owner of the premises now in controversy. On that day he made and executed to one Frederick C. Walker a bond and mortgage to secure $7,000 and interest. Two days later, and on September tenth, Coar conveyed the property to Marshall and the latter to Mrs. Coar, the present defendant. In the absence of any proof to the contrary, it must be presumed that these deeds were delivered at their date. (2 Greenl. on Ev. § 297; Van Rensselaer v. Vickery, 3 Lans. 59 ; Elsey v. Metcalf, 1 Denio, 323; Harris v.…
2Cases cited3 opinions
- Bennett v. . BatesNew York Court of Appeals · 1884
- Elsey v. MetcalfCourt for the Trial of Impeachments and Correction of Errors · 1845
- Harris v. NortonNew York Supreme Court · 1853
3Cited by19 opinions
- Morrill Realty Corp. v. Rayon Holding Corp.New York Court of Appeals · 1930
- In Re the Accounting of OakesNew York Court of Appeals · 1928
- Town of Brookhaven v. DinosAppellate Division of the Supreme Court of the State of New York · 1980
- Shohfi v. ShohfiNew York Court of Appeals · 1952
- Pratt v. NixonSupreme Court of Alabama · 1890
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