Shaw v. Youmans
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Emma E. Shaw, from an order of the Supreme Court, made at the Delaware Special" Term and entered in the office of the clerk of the county of Delaware on the 13th day of March, 1905.
1Opinion of the Court
Houghton, J.:
The appeal is from an order directing a referee appointed to sell to pay the taxes on the property covered by the mortgages.
Youmans, the defendant, was the owner of the equity of redemption. The interlocutory judgment entered against him provided that the referee should pay out of the proceeds of the sale all taxes and assessments. In this respect the judgment was in conformity to the directions of section 1676 of the Code of Civil Procedure.
The plaintiff purchased the premises at the sale and the referee failed to pay the taxes which were a lien against the property, and they…
2Cases cited2 opinions
- Morgan v. FullertonAppellate Division of the Supreme Court of the State of New York · 1896
- Cornell v. . WoodruffNew York Court of Appeals · 1879
3Cited by1 opinion
- Carpenter & Carpenter, Inc. v. KinghamWyoming Supreme Court · 1941