Monell v. Douglass
This text of 17 N.Y.S. 178 (Monell v. Douglass) is published on Counsel Stack Legal Research, covering New York Court of Common Pleas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
We are unanimously of the opinion that the filing of the Us pendens created no new incumbrance upon the property, and that the commencement of the foreclosure action was a mere incident of the incumbrance, subject to which the plaintiff took the title. We also think the payment of costs was a voluntary payment on the part of the plaintiff in this action, and is not recoverable under the covenants of her deed. There should therefore be a reversal of the judgment, and a new trial ordered, with costs to the appellant to abide the event.
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Cite This Page — Counsel Stack
17 N.Y.S. 178, 43 N.Y. St. Rep. 129, 1892 N.Y. Misc. LEXIS 250, Counsel Stack Legal Research, https://law.counselstack.com/opinion/monell-v-douglass-nyctcompl-1892.