Chamberlain v. Choles
New York Supreme Court
Appeal from an order. This action was brought by William Chamberlain against Young, Choles, and others, to foreclose a mortgage on certain real estate in Tarrytown.
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Appeal from an order. This action was brought by William Chamberlain against Young, Choles, and others, to foreclose a mortgage on certain real estate in Tarrytown. At the time of filing the notice of lis pendens, Mrs. Ella Hall was in possession of the property, claiming title under a sale by the County Treasurer for taxes; but neither she nor any one under whom she claimed was made a party to the suit, nor had any notice of any of the proceedings therein; The suit having proceeded to a decree of foreclosure and sale, a sale was had, pursuant to the decree, at which the plaintiff William…
1Opinion of the CourtMorgan, J.
It will be unnecessary to notice several things which have crept into the case, as the question presented by the appeal depends upon principles entirely independent of the value of the property, or of the validity of the tax title under which the appellants now claim possession.
It is conceded that the plaintiff was not entitled to a writ of assistance, to put him in possession of the mortgaged premises, as against the appellants. It is also admitted that the appellants were ejected, and the plaintiff was put in possession by force of the writ. That writ having been set aside and vacated on…
2Cases cited1 opinion
- Ex parte ReynoldsNew York Supreme Court · 1804