Continental Insurance v. Reeve
Appellate Division of the Supreme Court of the State of New York
Appeal by tlie defendants, the Lotus Realty Company and another, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 22d day of September, 1909, reducing the amount of plaintiff’s bid on a foreclosure sale.
1Opinion of the Court
Burr, J.:
By a sale under a judgment of foreclosure, and the delivery of the deed in accordance with the terms thereof, the purchaser acquires *738all of the title to the mortgaged premises which the mortgagor and the mortgagee had at the date of the execution of the mortgage. In like manner he acquires also all of the title of any person claiming through the mortgagor after the said date, free from any liens or incumbrances which have subsequently accrued thereon, provided the persons claiming such title or liens are made parties defendant to the action. (Code Civ. Proc. § 1632; Rector, etc.,…
2Cases cited2 opinions
- Rector of Christ Protestant Episcopal Church v. MacKNew York Court of Appeals · 1883
- Fisher v. . HerseyNew York Court of Appeals · 1879
3Cited by9 opinions
- Hayward v. WempleAppellate Division of the Supreme Court of the State of New York · 1912
- Continental Insurance v. ReeveAppellate Division of the Supreme Court of the State of New York · 1912
- In re SchottAppellate Division of the Supreme Court of the State of New York · 1913
- Johnson v. Putnam Foundry & Machine Co.Appellate Division of the Supreme Court of the State of New York · 1915
- Carstens v. LocastoAppellate Division of the Supreme Court of the State of New York · 1916
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