Legal Opinion

Moller v. Watts

Appellate Division of the Supreme Court of the State of New York

Decided December 14, 1900Published

Appeal from special term. Action, by Peter Holler against Lucy Watts and others to foreclose a mortgage. From an order of the special term setting aside the sale under the decree of foreclosure, and directing a resale, plaintiff and the purchaser at such sale appeal.

1Opinion of the CourtJerks, J.

This is an appeal from an order of the special term granting a motion to set aside a sale under a mortgage foreclosure and directing a resale. Mr. Daniel, appellant, was the second mortgagee and the purchaser at the sale. The sale was set for October 1, 1900, and was adjourned until the 15th of that month. The amount of the first mortgage lien, with costs, was $26,000, and the total amount of liens, including the taxes and the second mortgage, *489was about $40,000. At the beginning of the sale the attorney for the defendant Mrs. Watts, who was the owner of the equity of redemption, asked an…

2Cases cited8 opinions

  1. Tripp v. CookNew York Supreme Court · 1841
  2. Livingston v. ByrneCourt for the Trial of Impeachments and Correction of Errors · 1814
  3. Kellogg v. HowellNew York Supreme Court · 1872
  4. Wesson v. ChapmanNew York Supreme Court · 1894
  5. Housman v. WrightAppellate Division of the Supreme Court of the State of New York · 1900

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