Legal Opinion

Bradford v. Downs

Appellate Division of the Supreme Court of the State of New York

Decided December 15, 1897PublishedCited by 4 opinions

Appeal by Russell Bradford, the plaintiff in the first above-entitled action, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 9th day of November, 1897, staying a sale under the judgment of foreclosure in the action.

1Opinion of the Court

Patterson, J.:

The order appealed from by the plaintiff Bradford stayed proceedings in an action for the foreclosure of a mortgage after such *98action had proceeded to judgment and a sale of the mortgaged premises had been advertised by the referee named in the judgment. The order was made upon a motion of the mortgagor, who does not pretend to have any defense to the mortgage, but who only claims that a delay of a sale, under the foreclosure judgment, until such time as the property may be sold under a judgment in a partition action, will be of advantage to her, and that a better price for the…

2Cited by4 opinions

  1. United States v. SiegelDistrict Court, N.D. Illinois · 1979
  2. Post v. BanksAppellate Division of the Supreme Court of the State of New York · 1901
  3. Swift v. FinniganAppellate Division of the Supreme Court of the State of New York · 1900
  4. Wayne Iron Ore Co. v. Ontario Mineral Co.New York Supreme Court · 1917

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