Knickerbacker v. Eggleston
New York Supreme Court
This was an ordinary bill of foreclosure brought to a hearing upon the bill taken as confessed by the adult Defendants and upon a general answer of the guardian ad Etem of the infant Defendants. It was suggested upon the hearing, that several of the Defendants claimed an interest in separate portions of the mortgaged premises as grantees or mortgagees subsequent to the Plaintiff’s mortgage.
1Opinion of the Court
Harris, Justice.
In such cases, where Defendants having distinct interests in different portions of the mortgaged premises have had no opportunity to have the order in which the different portions of the mortgaged premises should be sold, determined, it has, heretofore, been a matter of course to insert in the decree of sale a provision directing the master making the sale, to sell in such order as to protect the equitable rights of those claiming interest in separate portions of the premises to be sold.
But as the office of master in chancery has been abolished, and under the provisions of the…
2Cited by1 opinion
- Sproule v. . DaviesNew York Court of Appeals · 1902