# Brown v. Brown

> Appellate Division of the Supreme Court of the State of New York · October 6, 1949 · 275 A.D.2d 1068

URL: https://www.frixlaw.com/law-library/cases/6058744

## Case

- **Full name:** Hazard L. Brown v. Cora I. Brown
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** October 6, 1949
- **Citations:** 275 A.D.2d 1068
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
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## Opinion text

Orders affirmed, without costs. Certain findings of fact and conclusions of law disapproved and reversed. Memorandum: In respect to the question of the validity of the pro-. ceedings for the sale of plaintiff’s land, we are in accord with the views of -the learned Trial Justice, as expressed-in his written opinion, to the effect that the proceedings were wholly void: (See Matter of Valentine, 72 N. Y. 184 ; Hegeman v. Stearns Realty Co., 117 App. Div. 754 , affd. 192 N. Y. 557 , and Ellwood v. Northrup, 106 N. Y. 172 .) We think, however, that the provisions of the judgment canceling the mortgage given by the plaintiff to Cora I. Brown in 1912 should be stricken out as the mortgage was not shown to be void for lack of consideration nor was its execution and delivery shown not to be; the voluntary free act-of plaintiff. All concur. (The judgment is for plaintiff in-an action to cancel conveyance of realty.): Present — Taylor, P. J., McCurn, Love, Kimball' and Piper, JJ. " -

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6058744. Public record. Not legal advice.