Wyckoff v. . Scofield
New York Court of Appeals
Appeal by defendant Seth W. Scofield from an order of the General Term of the Superior Court in the city of New York, made November 10, 1881, which affirmed an order of the Special Term herein. This was an action to foreclose a mortgage on real estate in the city of New York, of which said defendant Scofield was the owner.
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Appeal by defendant Seth W. Scofield from an order of the General Term of the Superior Court in the city of New York, made November 10, 1881, which affirmed an order of the Special Term herein. This was an action to foreclose a mortgage on real estate in the city of New York, of which said defendant Scofield was the owner. The action was commenced in July, 1883 with the summons ; an order to show cause why a receiver of the rents and profits should not be appointed was served upon Scofield, which contained a provision restraining him or his agents from collecting, receiving or in any manner…
1Opinion of the Court
Etjg-eb, Oh. J.
A mortgagee has no claim as such, to the receipt of the rents and profits, of the mortgaged property. (Argall v. Pitts, 78 N. Y. 239, 242.) In a proper case upon foreclosure he may have a receiver of such rents, etc., appointed, who will then be entitled to collect and apply them in reduction of the mortgage debt; and in such a case the receiver may be authorized to collect such rents as have theretofore accrued but have not yet come to the hands of the owner of the equity of redemption. (Hollenbeck v. Donnell, 94 N. Y. 342.) It is not, however, within the power of the court to…
2Cases cited4 opinions
- Howell v. RipleyNew York Court of Chancery · 1843
- Hollenbeck v. . DonnellNew York Court of Appeals · 1884
- Argall v. . PittsNew York Court of Appeals · 1879
- Rider v. . BagleyNew York Court of Appeals · 1881
3Cited by25 opinions
- Sullivan v. . RossonNew York Court of Appeals · 1918
- New York Life Insurance v. Fulton Development Corp.New York Court of Appeals · 1934
- White v. Anthony Investment Co.Supreme Court of Florida · 1935
- Fletcher v. McKeonAppellate Division of the Supreme Court of the State of New York · 1902
- In re Clark Realty Co.Court of Appeals for the Seventh Circuit · 1916
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