Livingston v. Miller
New York Supreme Court
I. December, 1859.—Motion to confirm report of referee awarding surplus moneys. This action was brought by Livingston Livingston against Elizabeth Miller, John Mildrum, William McAuley, Benjamin F. Pinckney, and thirty-four others, for the foreclosure of a mortgage upon seven houses and lots on the corner of Thirty-sixth Street and Fourth Avenue, New York city. There were three prior mortgages upon several portions of the land.
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I. December, 1859.—Motion to confirm report of referee awarding surplus moneys. This action was brought by Livingston Livingston against Elizabeth Miller, John Mildrum, William McAuley, Benjamin F. Pinckney, and thirty-four others, for the foreclosure of a mortgage upon seven houses and lots on the corner of Thirty-sixth Street and Fourth Avenue, New York city. There were three prior mortgages upon several portions of the land. Judgment was rendered that the fee of the premises be sold, that the three prior mortgages be paid, and that Livingston’s mortgage be paid out of the further avails of…
1Opinion of the CourtDavies, J.
In this case a motion is made to confirm the report of a referee as to surplus moneys.
Wm. MeAuley, the claimant of the surplus moneys, on September 30,1857, filed his lien, under the Mechanics’ Lien Law, *374claiming the sum of $5,791.88, for a balance due him for" materials, &c., furnished to one Mildrum for erecting and building seven houses on the corner of Thirty-sixth Street and Fourth Avenue. Four being on the avenue, and three on Thirty-sixth Street. Upon the map filed with the report of sale in this cause, the houses and lots are numbered from 1 to 4 on the avenue,- and from 5 to 7 on the…
2Cases cited10 opinions
- Groff v. JonesNew York Supreme Court · 1831
- Bodine v. . MooreNew York Court of Appeals · 1858
- Howell v. BakerNew York Court of Chancery · 1819
- Livingston v. . MildrumNew York Court of Appeals · 1859
- Hopkins v. M'LarenCourt for the Trial of Impeachments and Correction of Errors · 1825
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3Cited by1 opinion
- Lichtenstein v. Grossman Construction Corp.Appellate Division of the Supreme Court of the State of New York · 1927