McCraney v. Alden
New York Supreme Court
THIS action was tried at the Otsego circuit, in June, 1865, when, by direction of the court, the jury rendered a verdict in favor of the plaintiffs, for $1669.70, The defendant made a case, containing the exceptions he took on the trial, which exceptions the judge directed to be heard at the general term in the first instance, and suspended judgment in the meantime.
1Opinion of the Court
By the Court, Balcom, J.
The defendant had a mortgage which was executed by John McCraney and Elizabeth P. McCraney on a piece of land, owned by them, in the county of Otsego, and on a foreclosure of that mortgage, by advertisement under the statute, the land was sold, and the defendant purchased it, he being the highest bidder therefor. This action was brought to recover the surplus of the defendant’s bid for the land over and above the amount of that itnortgage and the costs of foreclosing the same. And the plaintiff recovered' the full amount of such surplus with interest thereon.
The…
2Cases cited11 opinions
- Chapman v. RobertsonNew York Court of Chancery · 1837
- Holmes v. BroughtonNew York Supreme Court · 1833
- Jackson ex dem. Bartlett v. HenryNew York Supreme Court · 1813
- Rice v. Welling & FakeNew York Supreme Court · 1830
- Seymour v. . SturgessNew York Court of Appeals · 1862
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