Clarkson v. . Skidmore
New York Court of Appeals
Appear from order of the General Term of the Supreme Court, first department, affirming an order of Special Term, which denied a motion to confirm the report of a referee, as to the disposition of surplus moneys arising upon a foreclosure sale, and made other disposition thereof.
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Appear from order of the General Term of the Supreme Court, first department, affirming an order of Special Term, which denied a motion to confirm the report of a referee, as to the disposition of surplus moneys arising upon a foreclosure sale, and made other disposition thereof. B. F. Randolph, the owner of the premises, executed to Lewis W. Phillips and Frederick C. Oakley on the 8th day of March, 1855, a lease thereof for ten years, expiring May 1st, 1865, and containing the usual full covenants, and also a covenant by said Randolph for himself, his heirs, executors, etc., to pay for the…
1Opinion of the CourtEapallo, J.
The surplus moneys in controversy belong to the parties who had estates or interests in the land sold, which were cut off by the sale. The real estate having been converted into money, the several parties were entitled to be paid, out of the fund, the equivalent of their respective interests, in the order of their priorities as between each other. After the satisfaction of the mortgage debt, which was the first lien, the claimants were, first, the widow of the mortgagor, in respect of her right of dower; secondly, the lessee of the mortgagor, and the mortgagees claiming under such lessee; and…
2Cited by30 opinions
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- In Re Widening of Michigan Ave.Michigan Supreme Court · 1937
- Standard Livestock Co. v. PentzCalifornia Supreme Court · 1928
- United States v. 6.87 Acres of Land in Garden City, Nassau County, N. Y.Court of Appeals for the Second Circuit · 1945
- William P. Rae Co. v. CourtneyNew York Court of Appeals · 1929
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