Loucks v. Van Allen

This is a foreclosure sale on which a surplus remains. The mortgagor is dead. The defendants, Samuel Yan Allen and another, administrators of the mortgagor, now move that the court direct the county treasurer, in whose hands the surplus is, to pay the same to the surrogate of Albany county, for distribution, according to Laws of 1867, ch. 658, and the amendatory acts ; and the question is, whether that act applies to a surplus arising from a sale made by order of this court. The language of the act is, “the person or corporation making such sale, or the person holding the same”(l e., the…