Siegel v. Anger
The Superior Court of New York City
Trial by the court. This action was brought by Abraham Siegel against Ludewig F. J. Anger, for specific performance of defendant’s contract for the purchase of certain real estate. Plaintiff claimed title to the premises under William J. Pease, who purchased them at a sale on foreclosure of a mortgage by one Bancker to one Mott.
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Trial by the court. This action was brought by Abraham Siegel against Ludewig F. J. Anger, for specific performance of defendant’s contract for the purchase of certain real estate. Plaintiff claimed title to the premises under William J. Pease, who purchased them at a sale on foreclosure of a mortgage by one Bancker to one Mott. Prior to the sale on foreclosure, Bancker made a general assignment for the benefit of creditors, which was duly recorded before the decree ; but the assignees were not made parties to the foreclosure suit. Prior to the assignment, Bancker’s interest in the land had…
1Opinion of the Court
Sedgwigk, Ch. J.
The first objection is that the general assignees, &c. of Bancker not being made parties to the foreclosure suit of Mott v. Bancker, their title has not been affected by the decree in that suit and is still outstanding.
We will first ask, what title did they acquire, by the assignment made to them by Bancker in trust fer his creditors ? The deed of assignment, on its face, conveyed only the interest in real estate that Bancker owned,- and the' assignees stood in Bancker’s place. This deed of assignment was dated February 28,1843, and was recorded May 17,1843.
Bancker’s title was…
2Cases cited3 opinions
- Mason v. . LordNew York Court of Appeals · 1869
- Hill v. RessegieuNew York Supreme Court · 1852
- Wadsworth v. WadsworthNew York Court of Appeals · 1855