TOMPKINS v. RODENBERGER


200 Misc. 915 (1951)

Harry A. Tompkins, as Commissioner of Public Welfare of the Tioga County Public Welfare District, Plaintiff, v. Marie Rodenberger et al., Defendants.

Supreme Court, Trial Term, Tioga County.

March 17, 1951.


Attorney(s) appearing for the Case

Howard W. Robison and Paul C. Gouldin for plaintiff.

Truman & Parmerton for First National Bank of Newark Valley and another, defendants.

Frederick Boyce Bryant for Robert Marshall, individually and doing business as Marshall Bros. Hatchery, defendant.


McAVOY, J.

The plaintiff brought this action, which was tried before the court, to rescind upon the ground of fraud, and cancel of record, a deed given to the defendant, Marie Rodenberger. The defendant First National Bank of Newark Valley claimed to be a mortgagee of this defendant in good faith and without notice of the fraud. The defendants, John Niemi and Robert Marshall, are attachment creditors of the defendant...

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