Erie County Savings Bank v. . Roop
New York Court of Appeals
Afpeal from judgment of the General Term of the Superior Court of the city of Buffalo, affirming a judgment entered upon the report of a referee. This action was brought to foreclose a mortgage. It was referred to a referee to determine the manner in which the mortgaged premises should be sold, and the equities and priorities of the several defendants as between themselves.
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Afpeal from judgment of the General Term of the Superior Court of the city of Buffalo, affirming a judgment entered upon the report of a referee. This action was brought to foreclose a mortgage. It was referred to a referee to determine the manner in which the mortgaged premises should be sold, and the equities and priorities of the several defendants as between themselves. Upon the report of the referee judgment was entered, directing a sale of the premises, and adjudging the defendants Cook and Sweet to be entitled to any surplus up to one-half the aggregate amount bid. The. facts appear…
1Opinion of the CourtEarl, J.
This is an action for the foreclosure of a mortgage which has proceeded to judgment and a sale, and the present controversy is between the defendants Whitney and Thayer on the one side, and the defendants Cook and Sweet on the other, as to the distribution of surplus proceeds. The most material facts giving rise to the controversy are these: On June 30, 1860, Henry Roop, the testator, being then the sole owner of the mortgaged premises, conveyed them by quit-claim deed to one Russell, and on the second day of July thereafter, Russell conveyed them by quit-claim deed to Elizabeth Roop, the…
2Cases cited4 opinions
- Neimcewicz v. GahnNew York Court of Chancery · 1831
- Vartie v. UnderwoodNew York Supreme Court · 1854
- Smith v. . TownsendNew York Court of Appeals · 1862
- Loomer v. WheelwrightNew York Court of Chancery · 1845
3Cited by7 opinions
- Dibble v. . RichardsonNew York Court of Appeals · 1902
- Hubbard v. LydeckerNew York Supreme Court · 1912
- Maupai v. JacksonNew York Supreme Court · 1909
- McNamara v. McNamaraNew York Supreme Court · 1911
- Dibble v. RichardsonAppellate Division of the Supreme Court of the State of New York · 1901
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