Zabriskie v. . Salter
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 the County Court of Kings county, directing the order in which premises should be sold upon foreclosure sale herein. The facts appear sufficiently in the opinion. At a foreclosure sale the purchaser takes the title which the mortgagor had when he gave the mortgage.
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Appeal from order of the General Term of the Supreme Court, in the second judicial department, affirming an order of the County Court of Kings county, directing the order in which premises should be sold upon foreclosure sale herein. The facts appear sufficiently in the opinion. At a foreclosure sale the purchaser takes the title which the mortgagor had when he gave the mortgage. (Parker v. Rochester and Syracuse R. R. Co., 17 N. Y., 283, 287; Smith v. Gardner, 42 Barb., 356, 366; Butler v. Viele, 44 id., 166, 168; Russell v. Pislor, 7 N. Y., 171, 175; Hart v. Wandle, 50 id., 381, 386, 387.)…
1Opinion of the Court
Church, Ch. J.
This controversy is between the owners of different parcels of land covered by a prior mortgage as to the right to priority of sale arising out of alleged equities. The whole parcel has been divided into three parcels called for convenience A. B. and C. The county court directed by order that parcel C. should bo first sold, then parcel B. and last parcel A. Wiltbcrger the original owner of the whole property executed the mortgage in suit for $3,000 to the plaintiff and sold the property to Brooks subject to the mortgage. Brooks executed a second mortgage of $4,000 and…
2Cases cited2 opinions
- Kellogg v. RandNew York Court of Chancery · 1844
- Hart v. . WandleNew York Court of Appeals · 1872
3Cited by5 opinions
- Parten v. First National Bank & Trust Co.Supreme Court of Minnesota · 1938
- Springer v. FosterIndiana Court of Appeals · 1901
- Davenport v. TimmondsMissouri Court of Appeals · 1911
- Kassin v. M. L. Building CorporationNew York Court of Appeals · 1926
- Law Union & Crown Insurance v. DunnAppellate Court of Illinois · 1912