McDermott Dairy Co. v. Brennan

Appellate Division of the Supreme Court of New York

McDermott Dairy Co. v. Brennan

172 A.D. 966, 157 N.Y.S. 1134

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

DecidedFebruary 15, 1916

StatusPublished

This text of 172 A.D. 966 (McDermott Dairy Co. v. Brennan) 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

McDermott Dairy Co. v. Brennan, 172 A.D. 966, 157 N.Y.S. 1134 (N.Y. Ct. App. 1916).

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Opinion

The parties hereto having stipulated in open court that a justice may be substituted in place of Burr, J., deceased, Mr. Justice Carr was so substituted. Order amending judgment of foreclosure and sale, in so far a» it purports to describe an undivided one-half of the lands, is reversed, but otherwise affirmed so far as it directs the sale of all interest of the defendants John Joseph Brennan, Michael Brennan and J eánnette Brennan, his wife, and all persons claiming under them, or either of them, with the provision excepting and reserving the lands released by the mortgagee in 1908. As thus modified the order is affirmed, without costs. Jenks, P. J., Thomas, Carr, Rich and Putnam, JJ., concurred. Order to be settled before Mr. Justice Putnam.

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The parties hereto having stipulated in open court that a justice may be substituted in place of Burr, J., deceased, Mr. Justice Carr was so substituted. Order amending judgment of foreclosure and sale, in so far a» it purports to describe an undivided one-half of the lands, is reversed, but otherwise affirmed so far as it directs the sale of all interest of the defendants John Joseph Brennan, Michael Brennan and J eánnette Brennan, his wife, and all persons claiming under them, or either of them, with the provision excepting and reserving the lands released by the mortgagee in 1908. As thus modified the order is affirmed, without costs. Jenks, P. J., Thomas, Carr, Rich and Putnam, JJ., concurred. Order to be settled before Mr. Justice Putnam.

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Bluebook (online)

172 A.D. 966, 157 N.Y.S. 1134, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcdermott-dairy-co-v-brennan-nyappdiv-1916.