New York Court of Appeals

Demming L. Rathbone v. Peter Hooney, Impleaded

October 6, 187458 N.Y. 463

Summary

The Court affirmed the lower court's judgment, holding that the mortgage executed by Mary A. Brown affected only her vested remainder and was void as to the inalienable life estate held in trust, that the foreclosure judgment does not estop the successor trustee from asserting title, and that the tax‑sale conveyance is merely evidence of the sale's regularity and does not defeat the trustee's superior title.