Bogert v. . Bliss
New York Court of Appeals
Appeal from order of the General Term of the Court of Common Pleas for the city and county of ¡New York, made June 3, 1895, which reversed an order of Special Term confirming the report of a referee in proceedings for the distribution of surplus moneys arising from the sale of mortgaged premises in an action of foreclosure, modified and confirmed as modified said report, by finding that the equities of the claimant Bliss were superior to those of the claimant Robert ; that…
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Appeal from order of the General Term of the Court of Common Pleas for the city and county of ¡New York, made June 3, 1895, which reversed an order of Special Term confirming the report of a referee in proceedings for the distribution of surplus moneys arising from the sale of mortgaged premises in an action of foreclosure, modified and confirmed as modified said report, by finding that the equities of the claimant Bliss were superior to those of the claimant Robert ; that the lien of the deed or mortgage to the claimant Bliss was superior to any claim of the claimant Robert, and that the…
1Opinion of the Court
Andrews, Ch. J.
The controversy relates to the disposition of surplus moneys arising on a foreclosure of a mortgage. One Robert claims a prior lien thereon as assignee of a mortgage made by the defendant Striker to one Weil, dated May 15, 1891, payable June 18, 1891, for $1,000, recorded May 18, 1891. The mortgage was paid at maturity by Striker, the mortgagor and owner of the equity of redemption, to Weil, the mortgagee, who on the same day executed and delivered to Striker a satisfaction of the mortgage, together with the bond, but the mortgage was then in the register’s office and for that…
2Cases cited2 opinions
- Kellogg v. . AmesNew York Court of Appeals · 1869
- Mead v. YorkNew York Court of Appeals · 1852
3Cited by21 opinions
- Sleeth v. . SampsonNew York Court of Appeals · 1923
- Salvin v. . Myles Realty Co.New York Court of Appeals · 1919
- Rutherford Nat. Bank v. H.R. Bogle Co.New Jersey Court of Chancery · 1933
- Bank of New York v. CerasaroAppellate Division of the Supreme Court of the State of New York · 1983
- Willcox v. GoessCourt of Appeals for the Second Circuit · 1937
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