Schelberger v. Schelberger

This is an action to recover from the administrators with the will annexed of Mary M. Schelberg, deceased, the sum of $4,000 with interest at the rate of five per cent from October 27, 1938, to October 27, 1939, and thereafter at the rate of six per cent.

The decedent owned a first mortgage of $15,000 on premises 158 East 97th Street, New York City, upon which the plaintiff owned a second mortgage of $7,000. Sometime in October, 1934, the decedent brought an action to foreclose her mortgage and subsequently entered into negotiations with the owner of the equity to obtain a deed in lieu of…