Murphy v. . New York and Ottawa Railroad Company

New York Court of Appeals

Murphy v. . New York and Ottawa Railroad Company

62 N.E. 1098, 170 N.Y. 563, 1902 N.Y. LEXIS 1092

DecidedFebruary 11, 1902

StatusPublished

This text of 62 N.E. 1098 (Murphy v. . New York and Ottawa Railroad Company) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Murphy v. . New York and Ottawa Railroad Company, 62 N.E. 1098, 170 N.Y. 563, 1902 N.Y. LEXIS 1092 (N.Y. 1902).

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Opinion

Judgment modified by striking out the provision therein which adjudged that “ The mortgage resting upon the farm, out of which the lands herein described are taken, is not a breach of any covenants to be contained in said deed, except so far that the said defendant has the right to have the lands not herein directed to be conveyed sold first in foreclosure to satisfy the mortgage before resort to those conveyed to it, and as to the said mortgage the said defendant stands in the relation of a surety,” and as so modified affirmed, with costs to the plaintiffs in this court. No opinion.

Concur: Parker, Ch. J., Bartlett, Haight, Martin, Vann, Cullen and Werner, JJ.

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Judgment modified by striking out the provision therein which adjudged that “ The mortgage resting upon the farm, out of which the lands herein described are taken, is not a breach of any covenants to be contained in said deed, except so far that the said defendant has the right to have the lands not herein directed to be conveyed sold first in foreclosure to satisfy the mortgage before resort to those conveyed to it, and as to the said mortgage the said defendant stands in the relation of a surety,” and as so modified affirmed, with costs to the plaintiffs in this court. No opinion.

Concur: Parker, Ch. J., Bartlett, Haight, Martin, Vann, Cullen and Werner, JJ.

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Bluebook (online)

62 N.E. 1098, 170 N.Y. 563, 1902 N.Y. LEXIS 1092, Counsel Stack Legal Research, https://law.counselstack.com/opinion/murphy-v-new-york-and-ottawa-railroad-company-ny-1902.