Powell v. Harrison
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Martin Powell, and by J. John Hassett from an order of the Supreme Court, made at the Broome Special Term and entered in the office of the cleric of the county of ■ Chemung oh the 12th day of May, 1903, vacating an order of reference and an order of distribution in surplus money proceedings herein, and directing the plaintiff and J. John Hassett to pay to the treasurer of the county of Chemung, with interest, the moneys paid to them respectively by…
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Appeal by the plaintiff, Martin Powell, and by J. John Hassett from an order of the Supreme Court, made at the Broome Special Term and entered in the office of the cleric of the county of ■ Chemung oh the 12th day of May, 1903, vacating an order of reference and an order of distribution in surplus money proceedings herein, and directing the plaintiff and J. John Hassett to pay to the treasurer of the county of Chemung, with interest, the moneys paid to them respectively by such treasurer under the order of distribution so vacated. Emma Halsey Sayles on the 26th day of August, 1899, executed…
1Opinion of the Court
Chester, J.:
The real property sold to satisfy the mortgage in question being , liable to be disposed of to pay the debts of Mrs. Sayles, the decedent mortgagor, upon whose estate letters testamentary had been issued *231within four years before the sale, the judgment of foreclosure should, have provided that the surplus moneys be paid into the Surrogate’s Court of Chemung county, from which' the letters issued, subject to the direction of that court, and not, as was done, into the Supreme Court. (Code Civ. Proc. §§ 2798, 2799.)
Under the judgment of foreclosure there was no lien upon the property…
2Cases cited1 opinion
- Dwight's CaseNew York Supreme Court · 1862
3Cited by3 opinions
- Sadow v. Poskin Realty Corp.New York Supreme Court · 1970
- NYCTL 1998-1 Trust v. GabbayNew York Supreme Court · 2007
- United States v. PollackDistrict Court, E.D. New York · 1964