Scofield v. . Doscher
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, affirming a judgment in favor of defendant, entered upon a decision of the court at Special Term.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, affirming a judgment in favor of defendant, entered upon a decision of the court at Special Term. (Reported below, 10 Hun, 582.) This action was brought to recover an alleged deficiency arising on foreclosure sale, against defendant as executor of the will of John Heiden, upon a covenant on the part of the testator to pay portions of a mortgage debt contained in two deeds from the mortgagor to said Heiden, of portions of the mortgaged premises. On the 1st April, 1872, one Peter Donlan, executed…
1Opinion of the CourtFolger, J.
We are of the opinion that sections 152, 153," 154, chap. 1, art. 6, title 2, of the Revised Statutes (2 R. S., 191), are in purpose and effect parts of the same enactment, and to be construed and applied together. A reference to the reviser’s notes (5 Edmond’s Stat. at Large, 508) shows that the 152d and 153d sections were reported, and we must assume enacted, to give the court in which the foreclosure of the mortgage was had, full jurisdiction over the whole subject, and to save the necessity of actions at law, and to. allow one court to dispose of the whole subject, instead of compelling…
2Cases cited3 opinions
- Comstock v. . DrohanNew York Court of Appeals · 1877
- Suydam v. BartleNew York Court of Chancery · 1841
- Pattison v. PowersNew York Court of Chancery · 1834
3Cited by28 opinions
- Vanderbilt v. . SchreyerNew York Court of Appeals · 1883
- Honeyman v. HananNew York Court of Appeals · 1937
- United States v. WhitneyDistrict Court, W.D. New York · 1985
- National City Bank v. GelfertNew York Court of Appeals · 1940
- White v. WielandtAppellate Division of the Supreme Court of the State of New York · 1940
23 more not listed; retrieve them via the Exa API.