The New York Supplement, 4. köideWest Publishing Company, 1889 "Cases argued and determined in the Court of Appeals, Supreme and lower courts of record of New York State, with key number annotations." (varies) |
From inside the book
Results 1-5 of 87
Page 9
... mortgage as a superior lien . Pending a reference on that issue , he died , and plaintiff proceeded with the reference without an order reviving or continuing the action against his representatives . On filing the referee's report ...
... mortgage as a superior lien . Pending a reference on that issue , he died , and plaintiff proceeded with the reference without an order reviving or continuing the action against his representatives . On filing the referee's report ...
Page 10
... mortgage over the mortgage given to Gideon Hard , and that said mortgage shall be deemed and taken to be a prior lien . The plaintiff now asks for judgment of foreclosure and sale of the prem- ises acccording to the report of the ...
... mortgage over the mortgage given to Gideon Hard , and that said mortgage shall be deemed and taken to be a prior lien . The plaintiff now asks for judgment of foreclosure and sale of the prem- ises acccording to the report of the ...
Page 22
... MORTGAGES - FORECLOSURE - SALE - PRIOR LIENS . On foreclosure of a second mortgage , the prior mortgagees not having been made parties , it appeared that the referee conducting the sale of the mortgaged premises announced that the ...
... MORTGAGES - FORECLOSURE - SALE - PRIOR LIENS . On foreclosure of a second mortgage , the prior mortgagees not having been made parties , it appeared that the referee conducting the sale of the mortgaged premises announced that the ...
Page 23
... mortgage , while other facts tend to show that it is fraudulent , the finding of the referee in favor of the plain- tiff will be upheld , as his opinion on the weight of evidence should be respected by the court on appeal ; such ...
... mortgage , while other facts tend to show that it is fraudulent , the finding of the referee in favor of the plain- tiff will be upheld , as his opinion on the weight of evidence should be respected by the court on appeal ; such ...
Page 24
... mortgage was void , as against the creditors of the mortgagor , was made a prominent question of fact upon the trial . The defendant was entitled to the benefit of the presumption declared in the statute , while such question was under ...
... mortgage was void , as against the creditors of the mortgagor , was made a prominent question of fact upon the trial . The defendant was entitled to the benefit of the presumption declared in the statute , while such question was under ...
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Common terms and phrases
affidavit affirmed agreement alleged amended amount answer Appeal from special application appointed assessment assignment attorney authority bank bond BRUNT cause of action charge claim Clyde & Co Code Civil Proc commissioners complaint concur contract corporation costs counsel court of chancery court of equity creditors damages deceased decedent deed defendant appeals defendant's duty DYKMAN entitled evidence execution executors fact February 11 fendant guardian held injury intention interest issue January 28 judge judgment jurisdiction jury Kings county land liable lien ment mortgage motion N. E. Rep N. Y. Supp objection owner paid parties payment person plaintiff premises proceedings proof purchase question Railroad reason received recover referee reference relator respondent special term statute street Supreme Court surrogate sustained testator testified testimony thereof tiff tion trial trust verdict witness York City York county
Popular passages
Page 10 - In an action against several defendants, the court may, in its discretion, render judgment against one or more of them, leaving the action to proceed against the others, whenever a several judgment may be proper.
Page 426 - Where an absolute power of disposition, not accompanied by a trust, is given to the owner of a particular estate for life or...
Page 249 - ... judgment, on the application of a party who establishes an apparent right to, or interest in, the property, where it is in the possession of an adverse party, and there is danger that it will be removed beyond the jurisdiction of the court, or lost, materially injured, or destroyed. 2. By or after the final judgment, to carry the judgment into effect, or to dispose of the property, according to its directions. 3. After final judgment, to preserve the property, during the pendency of an appeal....
Page 218 - ... a new action, for the same cause, has been commenced in the proper court; the party, in whose favor final judgment is rendered in the new action, is entitled to costs ; except that, where final judgment is rendered therein, in favor of the defendant, upon the trial of an issue of fact, the plaintiff is entitled to costs, unless it is certified, that the title to real property came in question on the trial.
Page 37 - After the passage of this act all property which shall pass by will or by the intestate laws of this state...
Page 325 - That one of the causes of action specified in the last section exists against the defendant. If the action is to recover damages for breach of a contract, the affidavit must show that the plaintiff is entitled to recover a sum stated therein, over and above all counter-claims known to him.
Page 170 - In any other case, to the president or other head of the corporation, the secretary or clerk to the corporation, the cashier, the treasurer, or a director or managing agent.
Page 124 - And though the lessor had it not actually in him, nor certain, yet he had it potentially; for the land is the mother and root of all fruits. Therefore he that hath it may grant all fruits that may arise upon it after, and the property shall pass as soon as the fruits are extant, as 21 Hen.
Page 419 - No private or local bill, which may be passed by the Legislature, shall embrace more than one subject, and that shall be expressed in the title.
Page 405 - ... the rents and profits, or the value of the use and occupation, of the real property recovered...