Equitable Life Assurance Society of United States v. Toplitz

This action was brought to foreclose a first mortgage upon premises in East Eighty-sixth street, borough of Manhattan; and the premises in question were sold pursuant to judgment in foreclosure on September 15, 1910. The contract of sale entered into between the referee and the purchaser contained the following provision: “All taxes, assessments and water rates which at the time of sale are liens or incumbrances upon said premises will be allowed by the referee out of the purchase money, provided the purchaser shall, previous to the delivery of the deed, produce *459to the referee proofs of such…