Gillig v. . Maass
New York Court of Appeals
Appeal from an order of the Supreme Court for the payment of surplus moneys in a mortgage foreclosure suit. The fund amounted^ to. $1859.99 ; and the only claimants were the defendants, David Jones and Joseph T. Schmidt, each of whom claimed the whole.
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Appeal from an order of the Supreme Court for the payment of surplus moneys in a mortgage foreclosure suit. The fund amounted^ to. $1859.99 ; and the only claimants were the defendants, David Jones and Joseph T. Schmidt, each of whom claimed the whole. The facts are these : On the 6th of November, 1851, August F. Maass executed, together with his wife, a mortgage to Julius Walher, on certain real estate in Williamsburgh, to secure the payment of the bond’ of Maass for $5000 with interest. The principal was expressed to be payable on the 6th of November, 1857. This mortgage was duly recorded…
1Opinion of the CourtWright, J.
The claimants are the holders and owners of mortgages, subsequent in order of time to that under which the mortgaged premises were sold, and the surplus fund realized. The mortgage under which Schmidt claims was • executed and duly recorded in November, 1851 ; and that of the claimant J ones, in February, 1852. If this were all, the mortgage of Schmidt. being prior in date, and prior in record, to that given to J ones, the right of Schmidt to the fund would be clear. It is contended, however, by Jones, that the original priority or preference of lien of the mortgage held by Schmidt, as…
2Cases cited2 opinions
- Vanderkemp v. SheltonNew York Court of Chancery · 1844
- Sawyer v. AdamsSupreme Court of Vermont · 1836
3Cited by31 opinions
- Viele v. . JudsonNew York Court of Appeals · 1880
- Greene v. . WarnickNew York Court of Appeals · 1876
- Curtis v. . MooreNew York Court of Appeals · 1897
- Cady v. PurserCalifornia Supreme Court · 1901
- Trentman v. EldridgeIndiana Supreme Court · 1884
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