Muehlberger v. Schilling
New York Supreme Court
These two actions were tried together. The first, designated in the opinion as “No. 1,” is brought by Jacob Muehlberger against Charles Schilling and others, to set aside a mortgage sale at which plaintiff was the purchaser, and to obtain a return of the surplus of the purchase price, deposited with the county treasurer.
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These two actions were tried together. The first, designated in the opinion as “No. 1,” is brought by Jacob Muehlberger against Charles Schilling and others, to set aside a mortgage sale at which plaintiff was the purchaser, and to obtain a return of the surplus of the purchase price, deposited with the county treasurer. The second, designated in the opinion as “No. 2,” is brought by William Luckman against Schilling and Muehlberger, to foreclose a mortgage senior in point of time to that involved in No. 1.
1Opinion of the CourtCorlett, J.
On the 27th day of October, 1883, a mortgage was executed by Charles Schilling and wife to Evans, to secure the payment of $600, with interest, on about 32 acres of land, consisting of four pieces, in the tow’n of Boyal ton, Niagara county. It was recorded in the clerk is office of that county on the 29th day of October, 1883, in Liber 107 of Mortgages, at page 552. A bond accompanied the mortgage in the usual form. The record title to all the land was in the mortgagor, except four acres, which the record showed to be in Fred Schilling, the father of the mortgagor. Evans declined to take the…
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