Housel v. Smith — 213 N.Y. 666

Majority

p. 666

Willis S. Housel, as Executor of Elizabeth W. Sheldon, Deceased, Respondent, v. Nettie V. C. Smith, Individually and as Executrix of Carrie T. Cook, Deceased, et al., Appellants

(Argued November 24, 1914;

decided December 8, 1914.)

Headnote

Housel v. Smith, 155 App. Div. 944 , affirmed.

Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 27,1912, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term in an action to foreclose a mortgage on real property.

p. 667

Charles Newton for appellants.

Sanford T. Church for respondent.

Judgment affirmed, with costs; no opinion.

Concur: Werner, Hiscock, Chase, Cuddeback and Miller, JJ. Dissenting: Willard Bartlett, Ch. J., and Collin, J.