¶1This action is for the foreclosure of a mortgage upon real property, and is defended upon the ground of the mental incapacity of the mortgagor at the time of the execution of the bond and mortgage. The cause was tried before a referee to hear and determine-the same, and he has decided against the defendant. The testimony established no defense to the action, and the judgment should be affirmed, with costs. All concur.
21 N.Y.S. 222
O'Neill v. Nolan
Decided December 12, 1892
New York Supreme Court · decided 1892-12-12
Action by James O’Neill against John Nolan to foreclose a mortgage. Plaintiff obtained judgment. Defendant appeals. Affirmed. The mortgage in suit was given September 11, 1889, to secure a-debt of $500. Defendant paid $50 on account, October'll, 1889, and $50 more on November 14,-1889. On April 22, 1890, the defendant was adjudged a lunatic.
Decided 1892-12-12