Legal Opinion

Heller v. Amawalk Nursery, Inc.

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

Decided February 21, 1938PublishedCited by 5 opinions

1Opinion of the CourtClose, J.

The principal question involved in these appeals is whether nursery stock, consisting of large trees, some as old as forty years, is subject to the lien of mortgages on the real estate. The actions are brought to foreclose two mortgages, one a consolidated mortgage of $160,000, covering 673 acres of land, made by defendant Amawalk Nursery, Inc., to Westchester Title & Trust Company; the other a mortgage of $85,000, covering 267 acres of adjoining land, made by the same owner to the Lawyers Westchester Mortgage & Title Company. The mortgages are in default, the owner is bankrupt and the…

2Cases cited9 opinions

  1. Van Pelt v. . McGrawNew York Court of Appeals · 1850
  2. Lane v. KingNew York Supreme Court · 1832
  3. Shepard v. PhilbrickNew York Supreme Court · 1846
  4. Sexton v. . BreeseNew York Court of Appeals · 1892
  5. Batterman v. . AlbrightNew York Court of Appeals · 1890

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

3Cited by5 opinions

  1. Hammerstein v. Henry Mountain Corp.Appellate Division of the Supreme Court of the State of New York · 2004
  2. Jacob H. Rottkamp & Son, Inc. v. Wulforst Farms, LLCNew York Supreme Court · 2007
  3. Kelder v. StateAppellate Division of the Supreme Court of the State of New York · 1964
  4. Van Amburgh v. BoadleAppellate Division of the Supreme Court of the State of New York · 2024
  5. Van Amburgh v. BoadleAppellate Division of the Supreme Court of the State of New York · 2024

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