Danziger v. Simonson
The Superior Court of New York City
Appeal from a judgment in favor of plaintiff entered on the report of a referee. The action was brought by the plaintiff, as mortgagee, to foreclose a builder’s loan mortgage on certain lots of land in New York city, made by defendant Kelly, as owner in fee, and for money advanced from time to time by plaintiff on account of the mortgage in the progress of the building of houses on the lots.
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Appeal from a judgment in favor of plaintiff entered on the report of a referee. The action was brought by the plaintiff, as mortgagee, to foreclose a builder’s loan mortgage on certain lots of land in New York city, made by defendant Kelly, as owner in fee, and for money advanced from time to time by plaintiff on account of the mortgage in the progress of the building of houses on the lots. The bond and mortgage were executed in August, 1883. Kelly commenced to build on the lots, and continued to do so, until November T, 1883, when he ceased, and conveyed the lots to defendant Maschke, the…
1Opinion of the Court
By the Court.
O’Gorman, J.
This is an action in rem, and defendant Simonson, in his answer, claims as lienor, relief in his favor in rem, and that he be paid out of the proceeds of the sale of the lots under the foreclosure, the amount due on his lien.
His right to that relief, or to any relief in this action, depends on the existence of his lien as a statutory incumbrance on the land, and on his compliance with all the statutory requisites, to give to the lien full binding force and effect. Moreover, his lien, even if valid and of full binding force, could only protect him, as to materials…
2Cases cited1 opinion
- Potter v. . RowlandNew York Court of Appeals · 1854