Greene v. . Warnick
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the third judicial department, affirming an order of Special Term which overruled exceptions to, and confirmed, the report of a referee determining conflicting claims to surplus moneys arising from sale under judgment in foreclosure.
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Appeal from order of the General Term of the Supreme Court in the third judicial department, affirming an order of Special Term which overruled exceptions to, and confirmed, the report of a referee determining conflicting claims to surplus moneys arising from sale under judgment in foreclosure. (Reported below, 4 Hun, 703.) The referee found the following facts among others : That on the 16th day of May, 1872, the defendants Henry Deal and Mary C. Greene conveyed by warranty deeds, bearing date on said day, the premises mentioned and described in the complaint, to Amos S. Brown, subject to…
1Opinion of the CourtEarl, J.
This is a controversy between Deal and War-nick, appellant and respondent, as to the surplus money arising from a foreclosure of plaintiff’s mortgages.
On the 16th day of May, 1872, Henry Deal and Mary 0. Greene, being the owners, subject to the plaintiff’s mortgage, of the lands sold at the foreclosure sale, conveyed the same to Amos S. Brown, and received from him two purchase-money mortgages, one to each, for the same amount. It was understood by the mortgagees that the mortgages were to be equal liens, that neither was to have priority over the other, and that both were to be recorded at…
2Cases cited8 opinions
- Bush v. . LathropNew York Court of Appeals · 1860
- Moore v. . Metropolitan National BankNew York Court of Appeals · 1873
- Trustees of Union College v. WheelerNew York Court of Appeals · 1874
- Schafer v. . ReillyNew York Court of Appeals · 1872
- Purdy v. . HuntingtonNew York Court of Appeals · 1870
3 more not listed; retrieve them via the Exa API.
3Cited by50 opinions
- Viele v. . JudsonNew York Court of Appeals · 1880
- Simpson v. . Del HoyoNew York Court of Appeals · 1883
- Decker v. . BoiceNew York Court of Appeals · 1880
- Westbrook v. . GleasonNew York Court of Appeals · 1879
- Ames v. RichardsonSupreme Court of Minnesota · 1882
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