Lee v. Parker
New York Supreme Court
OTIQN for a new trial, on exceptions. The action is ejectment, for a farm of about eighty acres in Hamburgh, Erie county. In July, 1842, Henry Parker recovered a judgment in the recorder’s court of the city of Buffalo, against the defendant and others, upon which an execution was issued to collect $83.86 and interest.
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OTIQN for a new trial, on exceptions. The action is ejectment, for a farm of about eighty acres in Hamburgh, Erie county. In July, 1842, Henry Parker recovered a judgment in the recorder’s court of the city of Buffalo, against the defendant and others, upon which an execution was issued to collect $83.86 and interest. The premises in question were sold by the sheriff, by virtue of the judgment and execution, to one Abraham Lang, and a certificate of the sale was given, dated November 5, 1842. On the 17th of January, 1844, the defendant confessed a judgment in a justice’s court to John F.…
1Opinion of the Court
By the Court,
Marvin, J.
In Eagle Fire Company v. Lent, (6 Paige, 635,) Chancellor Walworth said: “So far as mere legal rights are concerned, upon a bill of foreclosure the only proper parties to the suit are the mortgagor and the *614mortgagee, and those who have acquired rights or interests under them subsequent to the mortgage. And the mortgagee has no right to make one who claims adversely to the title of the mortgagor, and prior to the mortgage, a party defendant, for the purpose of trying the validity of his adverse claim of title in this court.”
This principle was applied by the court of…
2Cases cited1 opinion
- Eagle Fire Co. v. LentNew York Court of Chancery · 1837
3Cited by3 opinions
- Older v. RussellAppellate Division of the Supreme Court of the State of New York · 1896
- Fletcher v. BarberNew York Supreme Court · 1894
- Wilkins v. KirkbrideNew Jersey Court of Chancery · 1876