Breese v. Busby
New York Supreme Court
This was a motion, made by the defendant Morse-, to set aside a referee’s sale upon a judgment of foreclosure. The facts upon which the motion was based are stated in the opinion. An appeal was taken to the general term from the order, which was entered in conformity to the opinion delivered, at the special term, and at the April general term, 1856, held in the 5th district, the order was affirmed.
1Opinion of the Court
W. F. Allen, Justice.
William Morse, one of the defendants, moves to set aside the sale of a part of the mortgaged premises, made by a referee under a judgment of this court. The mortgage was given upon about an acre of land, as one parcel. The mortgagor, Busby, erected upon the mortgaged premises three dwelling-houses, which have been and still are occupied as separate tenements, with a parcel of the premises allotted to each tenement. One parcel consisting of about one-fourth of the mortgaged premises, with one of the dwelling-houses thereon, was subsequently mortgaged by Busby to Morse, and…
2Cases cited3 opinions
- Brown v. FrostNew York Court of Chancery · 1843
- James v. HubbardNew York Court of Chancery · 1828
- Merchants' Insurance v. MarvinNew York Court of Chancery · 1829
3Cited by1 opinion
- Roush v. FortMontana Supreme Court · 1876