Legal Opinion

Welche v. Schoenberg

New York Supreme Court

Decided October 15, 1904PublishedCited by 2 opinions

Motion for a receiver of rents and profits pendente lite in an action to foreclose an alleged invalid mortgage.

1Opinion of the CourtGildersleeve, J.

The facts in this case have been substantially stated in the memorandum handed down this day in the case of N. Y. Security & Trust Co. v. Schoenberg, with the exception that subsequent to the making of the plaintiff’s mortgage the said Bosalie Schoenberg made another mortgage on the Einth street house, in which two of the four remaindermen joined. The said mortgage was foreclosed in an action wherein all of the four remaindermen were made parties defendant, and the property was bought in by the defendant Osterman, subject, as stated in the deed, “to all liens that are now thereon.” The said…

2Cases cited3 opinions

  1. Purdy v. . CoarNew York Court of Appeals · 1888
  2. Cottle v. County of ErieAppellate Division of the Supreme Court of the State of New York · 1901
  3. Cottle v. . County of ErieNew York Court of Appeals · 1903

3Cited by2 opinions

  1. Turner v. BinningerWyoming Supreme Court · 1941
  2. Sussman v. Lakesite Hotel Corp., New York County Courts1932

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