Franklin National Bank v. Lewis
New York Supreme Court
Motion to compel a referee appointed to sell on foreclosure, to-deliver a deed to the purchaser, upon payment of the difference between the amount of the bid and the estimated amount of certain prior incumbrances.
1Opinion of the CourtScott, J.
In this action, which was for the foreclosure of a third mortgage upon certain real estate in this city, the referee appointed by the decree has sold the property as therein directed. It appears that the property was subject to three liens, prior to the mortgage in suit, viz.: a first mortgage upon which there was due about $31,125, a second mortgage upon which there was due about $80, and a judgment for $123.-96. There were also due upon the *76property unpaid taxes, assessments and water rates amounting to about $1,000.63. The bolder of the first mortgage is not a party to the action, and no…
2Cases cited1 opinion
- Bache v. . DoscherNew York Court of Appeals · 1876