Emigrant Industrial Savings Bank v. . Goldman
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the first judicial 'department, reversing an order of Special Term which sustained exceptions to the report of a referee as to surplus moneys arising on foreclosure. The facts appear sufficiently in the opinion. Prior incumbrancers may properly be made parties defendant to an action to foreclose a mortgage for the purpose of selling the property free and clear of all liens.
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Appeal from order of the General Term of the Supreme Court, in the first judicial 'department, reversing an order of Special Term which sustained exceptions to the report of a referee as to surplus moneys arising on foreclosure. The facts appear sufficiently in the opinion. Prior incumbrancers may properly be made parties defendant to an action to foreclose a mortgage for the purpose of selling the property free and clear of all liens. (Hancock v. Hancock, 22 N. Y., 568, 571; West. Ins. Go. v. Eagle F. Ins. Co., 1 Paige, 284; Holcomb v. Holcomb, 2 Barb., 20.) A prior incumbrancer when made a…
1Opinion of the Court
Church, Ch. J.
This is a contest for surplus moneys, arising upon a sale of premises upon the foreclosure of a mortgage executed by one Gavin to the plaintiff the 4th day of February, 1873, and recorded the same day. The contest is between the defendant Goldman who claims under a mechanic’s lien filed January 2, 1873, and one Brown, a mortgagee, whose mortgage was recorded Apiil 18, 1873. Both Brown and Goldman were made parties defendant in this action, and the complaint, contained the general clause that they had or claimed some interest or lien in the mortgaged premises, which interest or…
2Cases cited4 opinions
- Eagle Fire Co. v. LentNew York Court of Chancery · 1837
- Frost v. . KoonNew York Court of Appeals · 1864
- Holcomb v. HolcombNew York Supreme Court · 1847
- Stone v. SmithNew York Court of Common Pleas · 1870
3Cited by48 opinions
- Tax Lien Co. v. . SchultzeNew York Court of Appeals · 1914
- Compton v. JesupCourt of Appeals for the Sixth Circuit · 1895
- Sichler v. LookCalifornia Supreme Court · 1892
- Harris v. TaylorAppellate Division of the Supreme Court of the State of New York · 1898
- Jasper v. . RozinskiNew York Court of Appeals · 1920
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