Termansen v. Matthews
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Lauritz Termansen, from so much of an order of the Supreme Court, made at the Hew York Special Term and entered in the office of the clerk of the county of Hew York on the 23d day of January, 1899, upon a motion to confirm the report of sale in the above-entitled action, as reads as follows: “ Ordered that the first and second exceptions taken by said defendants to the report of said referee be, and the same hereby are sustained, with ten dollars…
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Appeal by the plaintiff, Lauritz Termansen, from so much of an order of the Supreme Court, made at the Hew York Special Term and entered in the office of the clerk of the county of Hew York on the 23d day of January, 1899, upon a motion to confirm the report of sale in the above-entitled action, as reads as follows: “ Ordered that the first and second exceptions taken by said defendants to the report of said referee be, and the same hereby are sustained, with ten dollars costs of this motion, to be paid by the plaintiff to the attorney for said defendants, and that the fifth and seventh of…
1Opinion of the Court
Rumsey, J.:
This action was brought to foreclose a'mortgage of $2,000 on two pieces of land in the city of Hew York. One of these pieces was subject to a mortgage' for $6,000 and the other to a mortgage of $7,000, each of which was prior to the mortgage of $2,000, which covered both pieces. An action had been brought to foreclose each of the two prior mortgages; and at the time of the sale under the $2,000 mortgage, judgments had been entered in those actions, and. certain costs and allowances awarded to the parties and directed to be paid out of the proceeds of the sale in those actions when…
2Cited by4 opinions
- Rikoon v. Two Boro Dress, Inc.New York Supreme Court · 1957
- Keller v. Quad Realty Corp.New York Supreme Court · 1960
- Dicianni v. WrongAppellate Division of the Supreme Court of the State of New York · 1928
- Walsky v. Fairmont Arms, Inc.Appellate Division of the Supreme Court of the State of New York · 1967