Mutual Life Insurance Co. v. . Bigler
New York Court of Appeals
This was an appeal from an order of the General Term of the Supreme Court, in the second judicial department, affirming an order of Special Term, granted on the petition of* defendant, the National Bank of Newburgh, purchaser on foreclosure sale herein, to the effect that certain articles of machinery specified are part and parcel of the real estate sold; and restraining the defendant James Bigler, the mortgagor, from removing the same or any part thereof from, the premises,…
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This was an appeal from an order of the General Term of the Supreme Court, in the second judicial department, affirming an order of Special Term, granted on the petition of* defendant, the National Bank of Newburgh, purchaser on foreclosure sale herein, to the effect that certain articles of machinery specified are part and parcel of the real estate sold; and restraining the defendant James Bigler, the mortgagor, from removing the same or any part thereof from, the premises, and from committing any waste thereon. The petition stated in substance that the action was commenced to foreclose a…
1Opinion of the CourtFolger, J.
The proofs presented, by the petitioner, are sufficient to show that there was reasonable ground for the claim of the petitioner, that the articles which Bigler was seeking to take away from the mortgaged premises were so put thereon as to become part thereof and pass therewith under the foreclosure sale. But it was not necessary to the 'immediate relief sought by the petitioner to finally adjudge that question; nor do we think that it should be adjudged summarily upon a motion. It was enough to hold that there was sufficient ground for restraining any change in the condition of the property…
2Cited by4 opinions
- Missouri Valley Land Co. v. BarwickSupreme Court of Kansas · 1892
- Cottle v. WrightNew York Supreme Court · 1931
- Ruggles v. First National BankMichigan Supreme Court · 1880
- Skinner v. HannanNew York Supreme Court · 1894