Winslow v. . Clark
New York Court of Appeals
Appeal from a judgment of the General Term of the Supreme Court in the fifth judicial district, modifying a judgment entered upon the report of a referee, dismissing plaintiff’s complaint. This action is brought by plaintiff, as assignee in bankruptcy of Nathan Whiting, asking that defendant be required to convey to him certain real estate, or, in case that any was sold, he be adjudged to pay the value thereof.
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Appeal from a judgment of the General Term of the Supreme Court in the fifth judicial district, modifying a judgment entered upon the report of a referee, dismissing plaintiff’s complaint. This action is brought by plaintiff, as assignee in bankruptcy of Nathan Whiting, asking that defendant be required to convey to him certain real estate, or, in case that any was sold, he be adjudged to pay the value thereof. Nathan Whiting was declared a bankrupt on the 14th March, 1868. Plaintiff was appointed assignee May 11,1868. Defendant was the owner of a mortgage upon certain of the bankrupt’s real…
1Opinion of the CourtRapallo, J.
The defendant made an ineffectual attempt to foreclose the mortgage which he held upon the property of the bankrupt. At the time of the commencement of the foreclosure suit, the equity of redemption was vested, by operation of law, in the plaintiff and he was not made a party to the proceedings. The foreclosure, therefore, was of no effect as to Mm, and his equity of redemption remained in full force.
The defendant purchased at the foreclosure sale, and resold the premises to one Babcock, who was in possession at the time of the commencement of this action.
Babcock was chargeable with notice of…
2Cases cited2 opinions
- Watson & Polhemus v. SpenceNew York Supreme Court · 1838
- Dias v. MerleNew York Court of Chancery · 1833
3Cited by17 opinions
- Polish National Alliance of Brooklyn, U.S.A. v. White Eagle Hall Co.Appellate Division of the Supreme Court of the State of New York · 1983
- Landon v. . TownshendNew York Court of Appeals · 1889
- Cooke v. CooperOregon Supreme Court · 1889
- Johnson v. SandhoffSupreme Court of Minnesota · 1883
- Jordan v. SayreSupreme Court of Florida · 1892
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