Gould v. Mortimer
New York Supreme Court
Motion by plaintiff for a new trial. This action was brought by Ezra G-ould against John Mortimer and others, to set aside a sale of real estate under the foreclosure of a mortgage given by plaintiff’s grantor. The material facts are detailed in the opinion.
1Opinion of the CourtMullin, J.
This action is brought by the plaintiff,—who is the owner of the equity of redemption of premises lying and being in this city, mortgaged by one Nash to the defendant Mortimer, to secure the payment of $8,000 in one year from the 15th- of October, 1860,—to set aside a sale of said premises, made pursuant to a decree of foreclosure of said mortgage. The plaintiff purchased in November, 1861, subject to said mortgage, but his deed from Nash was not recorded, and he was not, for that reason, made a party to the foreclosure suit.
The grounds on which it is sought to set aside the sale are :
1st.…
2Cases cited4 opinions
- Requa v. ReaNew York Court of Chancery · 1831
- Brown v. FrostNew York Court of Chancery · 1843
- American Insurance v. OakleyNew York Court of Chancery · 1841
- Nicholl v. NichollNew York Court of Chancery · 1840
3Cited by16 opinions
- Hackley v. . DraperNew York Court of Appeals · 1875
- Deen v. . MilneNew York Court of Appeals · 1889
- Kellogg v. HowellNew York Supreme Court · 1872
- In re a Majority of Board of Directors of Automatic Chain Co.Appellate Division of the Supreme Court of the State of New York · 1909
- Libby v. RosekransNew York Supreme Court · 1869
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