McMurray v. McMurray
New York Supreme Court
Appeal from special term, Dutchess county. Action by Gerald McMurray, assignee, against Andrew McMurray and others, children of a deceased mortgagor, to forclose a mortgage assigned after the mortgagor’s decease. The assignor was asked at the trial whether he had ever been paid the consideration of the mortgage, and whether he had ever received any money on account of the same, which questions were excluded.
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Appeal from special term, Dutchess county. Action by Gerald McMurray, assignee, against Andrew McMurray and others, children of a deceased mortgagor, to forclose a mortgage assigned after the mortgagor’s decease. The assignor was asked at the trial whether he had ever been paid the consideration of the mortgage, and whether he had ever received any money on account of the same, which questions were excluded. Code Civil Proc. § 829, provides, upon the trial of an action, or the hearing upon the merits of a special proceeding, a party or person interested in the event, or a person from,…
1Opinion of the CourtPratt, J.
This action was brought to foreclose a mortgage given May 26, 1873, by Bartholomew McMurray and wife to Andrew McMurray to secure the payment of $2,000 upon 26th May, 1878, interest to be paid annually, June 1st, each year, at the rate of 7 per cent. A bond for such sum accompanied the mortgage, with condition as above. The complaint shows that the mortgagor and his wife were each deceased at the time of the trial, and the defendants in the action were the children of the mortgagor. The mortgagor died three or four years since, and subsequently his wife died. The defendants are all infants,…
2Cases cited7 opinions
- Jackson ex rel. Sackett v. SackettNew York Supreme Court · 1831
- Bergen v. . Urbahn, Etc.New York Court of Appeals · 1880
- Giles v. BaremoreNew York Court of Chancery · 1821
- Gunn v. CantineNew York Supreme Court · 1813
- Executors of Clark v. HopkinsNew York Supreme Court · 1811
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Oneida National Bank & Trust Co. v. KranzNew York Supreme Court · 1972
- Brayman v. StephensNew York Supreme Court · 1894
- Marshall v. SarafinPennsylvania Court of Common Pleas · 1942
- Marshall v. SarafinConnecticut Superior Court · 1942