Bergen v. . Carman
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the first judicial department, reversing an order of Special Term, awarding surplus moneys in a foreclosure suit. The referee to whom the matter was referred found, substantially, the following facts : That' prior to November 3,1874, the defendant, Seaman N. Snedelcer, the mortgagor, was the o wner of the mortgaged premises.
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Appeal from order of the General Term of the Supreme Court, in the first judicial department, reversing an order of Special Term, awarding surplus moneys in a foreclosure suit. The referee to whom the matter was referred found, substantially, the following facts : That' prior to November 3,1874, the defendant, Seaman N. Snedelcer, the mortgagor, was the o wner of the mortgaged premises. By a conveyance, dated on that day, executed by himself and Jennie E. Snedelcer, his wife, for the expressed consideration of $600, said premises were conveyed to James H. Campbell, subject to the mortgage…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.]
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] The order of the General Term reversed the order confirming the report of the referee and directed that the case be referred to the referee to report as to priority of liens.
This is not a final order, and inasmuch as, upon the report of the referee as to this priority of the liens, the court at Special Term may hold that the moneys…
2Cited by26 opinions
- Empire Lighting Fixture Co. v. Practical Lighting Fixture Co.Court of Appeals for the Second Circuit · 1927
- Matter Of, Etc., N.Y., W.S. B.R. Co.New York Court of Appeals · 1884
- Davison v. MacDonaldNew York Supreme Court · 1925
- Corporate Investing Co. v. Mount Vernon Metal Products Co.Appellate Division of the Supreme Court of the State of New York · 1923
- Jackson v. HolbrookSupreme Court of Minnesota · 1887
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