Welsh v. Schoen
New York Supreme Court
Appeal from special term, New York county. Action by S. Charles Welsh, as trustee of Ethel Howard Tweedle, against Henry Schoen and others, to foreclose a mortgage of property known as “Ho. 2250 Second Avenue, ” in the city of New York.
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Appeal from special term, New York county. Action by S. Charles Welsh, as trustee of Ethel Howard Tweedle, against Henry Schoen and others, to foreclose a mortgage of property known as “Ho. 2250 Second Avenue, ” in the city of New York. Plaintiff appeals from an order relieving Louis Ettlinggr, the purchaser of the premises at the foreclosure sale, from his purchase, and directing repayment to him of the sum of $1,180, paid upon the purchase price, with the interest thereon, together with exchange and auctioneer’s fees, expenses of examining the title, and referee’s fees, with the costs of…
1Opinion of the Court
Daniels, J;
This action was for the foreclosure of a mortgage upon the premises in question. It was commenced by the service of the summons, in February, 1890. The original notice of the pendency of the action was filed .with the complaint on the 8th of March following, and on the 14th of April, 1890, an amended notice was also filed. When the suit was commenced,"Leah Diamond appeared by the record to be the owner of the land incumbered by the mortgage; but she had in fact executed and delivered a deed of the property to Mary T. Stephens, on the 17th day of December, 1889, and she also…
2Cases cited1 opinion
- Phelan v. . BradyNew York Court of Appeals · 1890
3Cited by1 opinion
- La Marche v. RosenblumAppellate Division of the Supreme Court of the State of New York · 1975