Trustees of Fund for Support of Episcopate v. Matteson
New York Supreme Court
Motion by defendant to vacate an order restraining-waste, granted under section 1681 of Code.
1Opinion of the CourtMerwin, J.
This is an action to foreclose a mortgage. Judgment of foreclosure was entered January 7, 1887. On the 13th of January, 1887, the plaintiff, upon affidavits showing that the defendants White and Stevens were cutting and removing timber and " wood from the premises covered by the mortgage, obtained an order under section 1681, restraining any further waste, also restraining the defendant from removing or interfering with any of the wood already cut, whether remaining on the premises or removed therefrom.
This motion is made upon the papers upon which the order was granted, and the grounds are…
2Cases cited3 opinions
- Kidd v. DennisonNew York Supreme Court · 1849
- Watson v. HunterNew York Court of Chancery · 1821
- Johnson v. WhiteNew York Supreme Court · 1851