Builders Mortgage Co. v. Berkowitz
Appellate Division of the Supreme Court of the State of New York
Appeals by the plaintiff, the Builders Mortgage Company, and the defendant Jacob Abrahams, from parts of an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the cleric of the county of Kings on the 8th day of June, 1910, directing a resale of certain premises.
1Opinion of the Court
Thomas, J.: .
The appellant in equity sought to foreclose a mortgage. The judgment directed sale and application of the proceeds to the expenses of the action and the payment of plaintiff’s mortgage, and *58appointed a referee to execute the judgment. The referee sold the premises to Wolf, who made the usual part payment of the purchase price, but the.'title deeds underlying the-mortgage were so defective in description that, as this court considered (134 App. Div. 136), title could not be given to the purchaser. Pending that decision the referee converted the money, and' the court, upon…
2Cases cited4 opinions
- Raynor v. . SelmesNew York Court of Appeals · 1873
- Kohler v. KohlerNew York Court of Chancery · 1833
- Head v. MooreTennessee Supreme Court · 1896
- Builders Mortgage Co. v. BerkowitzAppellate Division of the Supreme Court of the State of New York · 1909
3Cited by1 opinion
- Ridley v. WalterAppellate Division of the Supreme Court of the State of New York · 1912