Stahl v. Norwich
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Bertha Norwich and another, from an order of the Supreme Court, made at the Monroe Special Term and entered in the office of the clerk of the county of Monroe on the 2d day of October, 1922, denying their motion to set aside an order entered in skid clerk’s office on the 30th day of August, 1922, directing the sheriff of the county of Monroe to put respondent in possession of certain property, with notice of intention to bring up for review the…
Read the full summary
Appeal by the defendants, Bertha Norwich and another, from an order of the Supreme Court, made at the Monroe Special Term and entered in the office of the clerk of the county of Monroe on the 2d day of October, 1922, denying their motion to set aside an order entered in skid clerk’s office on the 30th day of August, 1922, directing the sheriff of the county of Monroe to put respondent in possession of certain property, with notice of intention to bring up for review the last-mentioned order.
1Opinion of the Court
Sears, J.:
Upon the foreclosure of a mortgage made by the appellants, Bertha Norwich and another, the property was purchased at the sale by the respondent Oberlies. The mortgaged property was a dwelling house and lot in Rochester, the building having been erected by the mortgagors. The appellant Norwich was in possession of the mortgaged property at the time of the sale, and failing to surrender possession, the respondent Oberlies was put in possession by the sheriff upon an order in the nature of a writ of assistance. The respondent then discovered that certain articles which had previously…
2Cases cited2 opinions
- Wahle-Phillips Co. v. . FitzgeraldNew York Court of Appeals · 1919
- Stillwell v. HartAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by8 opinions
- City of Buffalo v. J. W. Clement Co.New York Court of Appeals · 1971
- Marraro v. State of New YorkNew York Court of Appeals · 1963
- De Santis v. White Rose AssociatesNew York Supreme Court · 1991
- Stahl v. NorwichAppellate Division of the Supreme Court of the State of New York · 1923
- Kelder v. StateAppellate Division of the Supreme Court of the State of New York · 1964
3 more not listed; retrieve them via the Exa API.