Cornell v. . Woodruff
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the second judicial department, affirming an order of Special Term which overruled exceptions to a sheriff's report of sale herein, confirmed the report, and denied motion to vacate a judgment for deficiency. This action was for the foreclosure of a mortgage executed by defendant, Woodruff, upon certain premises situate in the city of Brooklyn. The plaintiff became the purchaser.
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Appeal from order of the General Term of the Supreme Court, in the second judicial department, affirming an order of Special Term which overruled exceptions to a sheriff's report of sale herein, confirmed the report, and denied motion to vacate a judgment for deficiency. This action was for the foreclosure of a mortgage executed by defendant, Woodruff, upon certain premises situate in the city of Brooklyn. The plaintiff became the purchaser. The sheriff’s report showed that he deducted from the proceeds óf sale the sum of $3,245.67 for liens for taxes. This left a deficiency of $1,536.35, and…
1Opinion of the CourtRapallo, J.
The decree of sale directed the deduction from the proceeds, of any lien or liens upon the premises sold, for taxes or assessments, and the terms of sale provided that all taxes and assessments which at the time of sale should be incumbrances upon the premises would be allowed by the sheriff out of the purchase-money. These provisions were in conformity with the usual practice. The purchaser at the sale was entitled to a clear title.
The plaintiff was authorized by the decree to become purchaser at the sale, and he was entitled to the benefit of these provisions, in like manner as any other…
2Cases cited2 opinions
- Williams v. . TownsendNew York Court of Appeals · 1865
- Dale v. M'EversCourt for the Trial of Impeachments and Correction of Errors · 1823
3Cited by5 opinions
- Hill v. BuffingtonWisconsin Supreme Court · 1900
- Columbia Trust Co. v. NielsonUtah Supreme Court · 1930
- In re City of New YorkNew York Supreme Court · 1953
- Shaw v. YoumansAppellate Division of the Supreme Court of the State of New York · 1905
- Carpenter & Carpenter, Inc. v. KinghamWyoming Supreme Court · 1941