Frazier v. Swimm
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, Kings county. Action by Charles Frazier against Clinton F. Swimm and others to foreclose a mortgage. From an order granted on motion of defendant John Graves vacating and setting aside a referee’s sale in foreclosure and annulling and canceling the referee’s deed and ordering a new sale, plaintiff appeals. Reversed.
1Opinion of the CourtWoodward, J.
The plaintiff in this action foreclosed a mortgage for $10,000, upon which there was due $3,000. The defendant Graves claimed an interest in the premises by virtue of a mechanic’s lien for $550. This lien, if it was a lien, was subject to judgment of foreclosure and prior mortgages aggregating $43,310.25, and four other liens, which brought the total prior liens upon the premises up to $44,340.05. Graves had appeared in the action, and had waived notice of all proceedings except notice of sale and surplus proceedings. It is not disputed that he had no other notice than that which is required…
2Cases cited3 opinions
- Moore v. . ShawNew York Court of Appeals · 1879
- Eidlitz v. DoctorNew York Supreme Court · 1898
- Collins v. McArthur, New York County Courts1900
3Cited by1 opinion
- Dickey v. GoertnerNew York Supreme Court · 1914