Griffith v. Robertson
New York Supreme Court
Appeal from a judgment, entered in Oneida county upon the trial of this action by the court without a jury. This action was brought on the equity side of the court to foreclose a mortgage (which the defendant, Robertson, had assigned and guaranteed) and to enforce any deficiency, that might remain after the sale of the land and exhausting remedies against the mortgagor, out of the defendant, Robertson, on his guaranty.
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Appeal from a judgment, entered in Oneida county upon the trial of this action by the court without a jury. This action was brought on the equity side of the court to foreclose a mortgage (which the defendant, Robertson, had assigned and guaranteed) and to enforce any deficiency, that might remain after the sale of the land and exhausting remedies against the mortgagor, out of the defendant, Robertson, on his guaranty. The court found the amount due, and ordered a foreclosure and sale, and payment of the costs out of the proceeds, application of the balance to the mortgage debt, the…
1Opinion of the Court
IIaudxn, J.:
By section 152, 2 Revised Statutes, 199 (Edm. ed.), it was provided that all bills “for the satisfaction of a mortgage,” the court shall 11 have power to decree and direct the payment by the mortgagor of any balance of the mortgage debt that may remain unsatisfied after a sale of the premises, in the cases in which such balance is recoverable at law.” * # .*
Section 153 provided that, “ after such bill shall be filed, .and while the same is pending, and after a decree rendered thereon, no proceedings whatever shall be had at law for the recovery of the debt secured by the mortgage,…
2Cases cited5 opinions
- Craig v. . ParkisNew York Court of Appeals · 1869
- Equitable Life Insurance Society of United States v. StevensNew York Court of Appeals · 1875
- Moakley v. RiggsNew York Supreme Court · 1821
- Suydam v. BartleNew York Court of Chancery · 1841
- Goldsmith v. BrownNew York Supreme Court · 1861