Legal Opinion

Barnes v. Stoughton

New York Supreme Court

Decided February 15, 1877Published

Appeal from an order made at the Special Term, reversing an order directing the manner in which the mortgaged premises described in the complaint in this action should be sold. •

1Opinion of the Court

BarNAed, P. J.:

The order should be reversed. The action was commenced to foreclose a mortgage for $10,000, held by the plaintiff upon certain lands described in it. There were very numerous subsequent liens, some by mortgage and others by judgment. The original decree followed the usual form and directed the sale of the mortgaged premises, or such part thereof .as should be sufficient to pay the mortgage debt and costs. After a sale under this decree, and after it had been set aside, because not made in parcels, all the parties to the action, including all who had existing liens at the filing…

2Cases cited2 opinions

  1. Livingston v. . MildrumNew York Court of Appeals · 1859
  2. Beekman v. GibbsNew York Court of Chancery · 1840

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API