Murray v. Fox
New York Supreme Court
Appeal by the plaintiff from a judgment, entered in Erie county on the 16th day of November, 1883, in favor of the defendants, upon the decision of Hon. Albert Haight, Justice, before whom the action was tried at Special Term.
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Appeal by the plaintiff from a judgment, entered in Erie county on the 16th day of November, 1883, in favor of the defendants, upon the decision of Hon. Albert Haight, Justice, before whom the action was tried at Special Term. This action was commenced in this court on the 12th day of December, 1881, to foreclose a mortgage executed on the 14th day of December, 1867, by Arthur W. Fox (since deceased), Horace Williams and wife, to Hugh Murray, the plaintiff’s intestate, upon certain real estate situate in the city of Buffalo, a portion of which was conveyed to the defendant, The Buffalo Grape…
1DissentBarker, J.
I am of the opinion that the judgment dismissing the complaint should be reversed. If any part of the bond remained unpaid, then the mortgage continues to be a lien on the premises, and the plaintiff was entitled to the usual decree of foreclosure. It is wholly unnecessary in this connection to consider the question whether the personal representatives of Pox would be liable for any deficiency which might exist after the sale of the premises. The release of Williams from all personal liability on the bond did not pay the debt nor impair the securities held by the plaintiff, and she could…
2Cases cited5 opinions
- Hobart v. . HobartNew York Court of Appeals · 1875
- Shuler v. HardinIndiana Supreme Court · 1865
- Wadsworth v. . LyonNew York Court of Appeals · 1883
- Tripp v. VincentNew York Court of Chancery · 1846
- Wilmot v. RichardsonThe Superior Court of New York City · 1857