Depew v. C. B. Dewey
New York Supreme Court
The appeal in this cause is taken from an order made at special term on the 7th day of July, 1873, setting aside a judgment recovered for the foreclosure of a mortgage assigned to the plaintiff, the sale made under the judgment on the 17th day of July, 18S7, and the sheriff’s deed given the plaintiff on such sale, on payment to the plaintiff of the amount due on the mortgage foreclosed, and another mortgage held and owned by him at the time of the foreclosure and sale, or…
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The appeal in this cause is taken from an order made at special term on the 7th day of July, 1873, setting aside a judgment recovered for the foreclosure of a mortgage assigned to the plaintiff, the sale made under the judgment on the 17th day of July, 18S7, and the sheriff’s deed given the plaintiff on such sale, on payment to the plaintiff of the amount due on the mortgage foreclosed, and another mortgage held and owned by him at the time of the foreclosure and sale, or bringing the same into court and depositing the amount with the clerk, and directing that the mortgages should be…
1Opinion of the CourtDaniels, J.
It was objected for the defendant, on the argument of the appeal, that the order made was discretionary, and that no appeal could be taken from it by the plaintiff, and the cases of Tallman agt. Hinman (10 How. P. R., 89), Kingsland agt. Bartlett (28 Barb., 480), Wakeman agt. Price (3 Com., 334), Buffalo Savings Bank agt. Newton (23 N. Y., 160), and Foote agt. Lathrop (41 N. Y., 358), are relied upon as supporting the objection. But in those cases the orders appealed from either set aside the sales made and opened the judgment, or denied the application for that relief, and for that reason…
2Cases cited9 opinions
- Williamson v. . BrownNew York Court of Appeals · 1857
- Miner v. . BeekmanNew York Court of Appeals · 1872
- Hamilton v. . WrightNew York Court of Appeals · 1868
- Lightbody v. North American InsuranceNew York Supreme Court · 1840
- Foote v. . LathropNew York Court of Appeals · 1869
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3Cited by2 opinions
- Marcotte v. HartmanSupreme Court of Minnesota · 1891
- Farmers' Loan & Trust Co. v. Bankers & Merchants' Telegraph Co.New York Supreme Court · 1889