Garnsey v. Knights
New York Supreme Court
Appeal by plaintiff from an order of the special term setting aside an execution against the defendant Daniel Knights. The facts appear in the opinions.
1Opinion of the CourtParker, J.
The question presented in. this case is one not devoid of difficulty. In the view which I take of it, however, I have not been able to arrive at a conclusion in accordance with the opinion of my brother Boardmas, sustaining the decision and order of the special term.
The plaintiff in foreclosing his mortgages properly made Rogers and Knights parties, setting forth in his complaint the respective conveyances to them of the mortgaged premises, and their assumption respectively of the payment of the mortgages, and claimed that they should be adjudged to pay any deficiency which should arise upon…
2Cases cited8 opinions
- Thompson v. EllsworthNew York Court of Chancery · 1846
- Maltby v. GreeneNew York Court of Appeals · 1864
- Hiscock v. PhelpsNew York Supreme Court · 1869
- Cotes v. CarrollNew York Supreme Court · 1865
- Dorr v. BirgeNew York Supreme Court · 1850
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