Security Trust Co. v. Miller
New York County Courts
1Opinion of the CourtReginald S. Oliver, J.
Theodore L. Miller and J. Beatrice Miller, Ms wife, acquired certain real estate as tenants by the entirety, and gave a mortgage thereon. Subsequently, the United States of America filed a tax lien against Theodore L. Miller in 1962. The mortgage was foreclosed, and a foreclosure sale was held on September 12, 1967, which resulted in surplus moneys now on deposit in the office of the Wayne County Treasurer. The said Theodore L. Miller died on the 9th day of August, 1971. The surviving tenant by the entirety and the United States claim respectively the entire fund and one half of the fund.
Couns…
2Cases cited9 opinions
- Hiles v. . FisherNew York Court of Appeals · 1895
- In Re the Estate of BlumenthalNew York Court of Appeals · 1923
- Secrist v. SecristAppellate Division of the Supreme Court of the State of New York · 1954
- Sadow v. Poskin Realty Corp.New York Supreme Court · 1970
- Franklin Square National Bank v. SchillerNew York Supreme Court · 1950
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3Cited by4 opinions
- Matter of TsunisDistrict Court, E.D. New York · 1983
- Mojeski v. SiegmannNew York Supreme Court · 1976
- In Re FlinnUnited States Bankruptcy Court, N.D. New York · 1988
- Rouse v. Industrial Commissioner of New York (In re Rouse)District Court, S.D. New York · 1986