Rogers v. Marshall
New York Supreme Court
Appeal from an order. This action was brought by William C. Rogers against Mary Marshall and others, to recover certain premises in the city of Hew York, which in 1855 belonged to Lewis C. Rogers, the father of the plaintiff. They were then heavily incumbered to nearly if not quite the amount of their value, and their owner was insolvent.
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Appeal from an order. This action was brought by William C. Rogers against Mary Marshall and others, to recover certain premises in the city of Hew York, which in 1855 belonged to Lewis C. Rogers, the father of the plaintiff. They were then heavily incumbered to nearly if not quite the amount of their value, and their owner was insolvent. In that year one Maginn recovered a judgment, directing the premises to be sold by the sheriff for the satisfaction of a mechanics’ lien filed by Maginn ; and at the sale they were bought in by one Singer, who at the time held a second mortgage upon the…
1Opinion of the Court
By the Court.* Clerke, J.
This is totally different from an action of ejectment.
It seeks relief on the ground of fraud, mistake, and want of jurisdiction, in the court in which the proceed*461ing's to foreclose the alleged lien of Maginn were commenced.
It clearly presents, therefore, precise grounds for the equitable interposition of this court, and in such cases we never refuse preliminary injunctions, and the appointment of a receiver, if the condition of the subject of the controversy requires the aid of these provisional remedies.
From the plaintiff’s complaint, and affidavits upon which the…
2Cases cited1 opinion
- In re ThomasNew York Court of Common Pleas · 1871
3Cited by1 opinion
- Philadelphia Mortgage & Trust Co. v. OylerNebraska Supreme Court · 1901