Byer v. Gilson

Appellate Division of the Supreme Court of New York

Byer v. Gilson

286 A.D. 855, 141 N.Y.S.2d 666, 1955 N.Y. App. Div. LEXIS 4357

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

DecidedJune 13, 1955

StatusPublished

Cited by2 cases

This text of 286 A.D. 855 (Byer v. Gilson) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Byer v. Gilson, 286 A.D. 855, 141 N.Y.S.2d 666, 1955 N.Y. App. Div. LEXIS 4357 (N.Y. Ct. App. 1955).

Pincite

Opinion

In an action to foreclose a mortgage on real property, the answer of the defendant owner of the property interposed the affirmative defense of the Statute of Limitations. This defendant appeals from a judgment of foreclosure and sale entered after a trial before an Official Referee. Judgment unanimously affirmed, with costs. An additional finding is made that payments of principal and interest between August 4, 1942, and February 1, 1953, were made by or on behalf of the owners of the equity of redemption. In our opinion the evidence was sufficient to warrant an inference that the payments of principal and interest regularly made over a period of many years were made by the owners of the equity of redemption or their duly authorized agents. The burden of proving the affirmative defense of the Statute of Limitations rests on the party invoking it. (Beugger v. Ashley, 161 App. Div. 576.) Present — Nolan, P. J., Wenzel, Schmidt, Beldock and Ughetta, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

In an action to foreclose a mortgage on real property, the answer of the defendant owner of the property interposed the affirmative defense of the Statute of Limitations. This defendant appeals from a judgment of foreclosure and sale entered after a trial before an Official Referee. Judgment unanimously affirmed, with costs. An additional finding is made that payments of principal and interest between August 4, 1942, and February 1, 1953, were made by or on behalf of the owners of the equity of redemption. In our opinion the evidence was sufficient to warrant an inference that the payments of principal and interest regularly made over a period of many years were made by the owners of the equity of redemption or their duly authorized agents. The burden of proving the affirmative defense of the Statute of Limitations rests on the party invoking it. (Beugger v. Ashley, 161 App. Div. 576.) Present — Nolan, P. J., Wenzel, Schmidt, Beldock and Ughetta, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

286 A.D. 855, 141 N.Y.S.2d 666, 1955 N.Y. App. Div. LEXIS 4357, Counsel Stack Legal Research, https://law.counselstack.com/opinion/byer-v-gilson-nyappdiv-1955.

Opinion

Related

Cite This Page — Counsel Stack