Legal Opinion

Guilford v. Jacobie

New York Supreme Court

Decided May 9, 1893PublishedCited by 4 opinions

Appeal from special term. Action by Samuel T. Guilford against Clara M. Jacóbie, impleaded with another, to foreclose a mortgage. From an order that a prior mortgage of the impleaded defendant be paid out of the first proceeds of sale, plaintiff appeals.

1Opinion of the CourtPutnam, J.

The order should be affirmed. The defendant Jacobie’s mortgage is past due. There is no dispute as to the amount secured by it, and the judgment of which plaintiff complains provides for its payment out of the first proceeds of the sale, after deducting the referee’s fees and expenses thereon, before any part of such proceeds are received by plaintiff on account of his mortgage debt or costs. It was proper for plaintiff to make the prior mortgagee a party defendant that the amount of her mortgage might be determined and paid out of the proceeds of the sale, and its lien discharged.…

2Cases cited4 opinions

  1. Emigrant Industrial Savings Bank v. . GoldmanNew York Court of Appeals · 1878
  2. Holcomb v. HolcombNew York Supreme Court · 1847
  3. Western Insurance Co. of Buffalo v. Eagle Fire InsuranceNew York Court of Chancery · 1828
  4. Adams v. McPartlinNew York Supreme Court · 1882

3Cited by4 opinions

  1. Clark v. FullerNew York Supreme Court · 1930
  2. Marine Midland Bank v. Highgate Hall of Orange County, Inc.New York Supreme Court · 1977
  3. Jacobie v. MickleNew York Supreme Court · 1893
  4. Quinlan v. John E. Olson Construction Co.Appellate Division of the Supreme Court of the State of New York · 1912

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