Cortland Savings Bank v. Lighthall
New York Supreme Court
Motion by plaintiff to confirm referee’s report of sale in real estate foreclosure action. Frederick S. Lighthall, mortgagor, and Title Trust & Guaranty Company, junior mortgagee, defendants, oppose the motion and demand a resale.
1Opinion of the CourtDe Angelis, J.
The sale is attacked on three grounds: First, that the publication of the notice did not satisfy the statutory requirements; second, that the sale was not fairly conducted, and third, that the price was inadequate.
The premises were a house and lot on J ames street, in the city of Syracuse. The sale took place January 8, 1907. The plaintiff purchased the property at the sale for $11,035.19, just the amount of the mortgage debt, costs, unpaid taxes and expenses of sale. There was no other bid.
The defendants read the affidavits of six persons as to the value, three lawyers, two real estate…
2Cases cited4 opinions
- Wood v. . MorehouseNew York Court of Appeals · 1871
- Market National Bank v. Pacific National BankNew York Court of Appeals · 1882
- Bunce v. ReedNew York Supreme Court · 1853
- Taylor v. CorbiereNew York Supreme Court · 1853
3Cited by4 opinions
- Bishop v. McTigueAppellate Division of the Supreme Court of the State of New York · 1924
- Smith v. WhitneyNew York Supreme Court · 1934
- In re Council Home For Friendless Jewish ChildrenNew York Supreme Court · 1912
- McGraw v. SelkisAppellate Division of the Supreme Court of the State of New York · 1934