Nutt v. . Cuming
New York Court of Appeals
Appeal by the defendant, James E. Cuming, from a final order of the Appellate Division of the Supreme Court in the first judicial department, entered November 17, 189Y, reversing an order of Special Term affirming a report of a referee in surplus proceedings. The facts, so far as material, are stated in the opinion.
Read the full summary
Appeal by the defendant, James E. Cuming, from a final order of the Appellate Division of the Supreme Court in the first judicial department, entered November 17, 189Y, reversing an order of Special Term affirming a report of a referee in surplus proceedings. The facts, so far as material, are stated in the opinion. If, without sufficient proof of such fact, the Appellate Division was warranted in its inference that the sale of the mortgaged premises under the final judgment of foreclosure and sale, entered January 13, 1892, was more than ten years after the recovery and docketing of the…
1Opinion of the CourtHaight, J.
On the 9th day of August, 1882, the defendant Cuming recovered a judgment against one Thomas Kerrigan, which became a lien upon real estate subject to the lien of a mortgage theretofore executed, bearing date the 14th day of January, 1882. On the 1st day of October, 1893, an action was brought to foreclose the mortgage, which resulted in the entering of the usual judgment of foreclosure and sale on the 13tli day of January, 1892. The sale of the property under the judgment did not, however, take place until December, 1896, and after the expiration of ten years from the entry of the Cuming…
2Cases cited3 opinions
- Importers & Traders' National Bank v. QuackenbushNew York Court of Appeals · 1894
- Fliess v. . BuckleyNew York Court of Appeals · 1882
- Floyd v. ClarkNew York Court of Common Pleas · 1880
3Cited by61 opinions
- Dulberg v. EbenhartAppellate Division of the Supreme Court of the State of New York · 1979
- Nyctl 1999-1 Trust v. 573 Jackson Avenue Realty Corp.New York Court of Appeals · 2009
- In re South Side House, LLCUnited States Bankruptcy Court, E.D. New York · 2012
- Belsid Holding Corp. v. DahmAppellate Division of the Supreme Court of the State of New York · 1960
- In Re CretellaUnited States Bankruptcy Court, E.D. New York · 1984
56 more not listed; retrieve them via the Exa API.