Horowitz v. Welt

The purchaser at the foreclosure sale purchased only such right, title and interest as the mortgagee had in the premises. (Central Union Gas Co. v. Browning, 210 N. Y. 10.) The mortgage was made prior to the conditional sale of the alleged chattels and, therefore, was not made upon the faith and credit thereof. The purchaser at foreclosure, therefore, took subject to the conditional sales agreement. (Kohler Co., Inc., v. Brasun, 222 App. Div. 338.) The plaintiff testified that the fixtures in question could be removed without serious damage to the realty. The defendant offered no direct proof…