American Life Insurance and Trust Company v. Van Eps
New York Court of Appeals
This was an appeal by John C. Yan Eps from order of General Term, affirming an order of Special Term made upon application, under section 321 of the Code, to compel said Yan Eps, the appellant, to pay the costs of certain proceedings herein against Ira Harris, late master in chancery, to compel him to make report of sale and pay over surplus moneys alleged to be in his hands. The action was for foreclosure.
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This was an appeal by John C. Yan Eps from order of General Term, affirming an order of Special Term made upon application, under section 321 of the Code, to compel said Yan Eps, the appellant, to pay the costs of certain proceedings herein against Ira Harris, late master in chancery, to compel him to make report of sale and pay over surplus moneys alleged to be in his hands. The action was for foreclosure. A decree of foreclosure and sale was perfected in 1841, the execution of which was intrusted to said Harris, as master. He sold the premises, and a surplus arose from the sale. In 1837…
1Opinion of the Court
Folger, J.,
reads for reversal of order and denial of application.
All concur.
Ordered accordingly.
2Cited by23 opinions
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