Green v. Mussey
Appellate Division of the Supreme Court of the State of New York
Appeal by John A. Carnduff from an order of the Supreme Court, made at the Fulton Special Term and entered in the office of the clerk of the county of Fulton on the 16th day of July, 1902, making him a party defendant to the action and authorizing the plaintiff to file and serve a supplemental summons and complaint in the action.
Read the full summary
Appeal by John A. Carnduff from an order of the Supreme Court, made at the Fulton Special Term and entered in the office of the clerk of the county of Fulton on the 16th day of July, 1902, making him a party defendant to the action and authorizing the plaintiff to file and serve a supplemental summons and complaint in the action. In an action in 1895, in which this appellant’s father was named as a party defendant, a judgment was entered foreclosing a mortgage upon land owned by John Carnduff, appellant’s father, and directing' a sale of said land. Thereafter, and on the 3d day of April,…
1Opinion of the Court
Smith, J.:
I am unable to find any answer to the appellant’s contention that the sale in 1895 divested the plaintiff of all his interest in this mortgage. By section 1632 of the Code of Civil Procedure it is provided, that a conveyance made upon a sale in foreclosure “ is as valid as if it was executed by the mortgagor and mortgagee, and is an entire bar against each of them, and against each , party to the action who was duly summoned, * * In Townshend v. Thomson (139 N. Y. 161) Judge Earl, writing for the court, says : “A purchaser at a mortgage foreclosure sale, defective and void as…
2Cases cited1 opinion
- Townshend v. . ThomsonNew York Court of Appeals · 1893
3Cited by4 opinions
- Hope v. ShevillAppellate Division of the Supreme Court of the State of New York · 1910
- People ex rel. Brooklyn Union Elevated Railroad v. MorganAppellate Division of the Supreme Court of the State of New York · 1903
- Berner v. KuzinskiNew York Supreme Court · 1948
- Mussey v. DempseyNew York Supreme Court · 1908