Flagler v. Wheeler
New York Supreme Court
Appeal from an order of tbe Monroe Special Term directing tbe distribution of surplus moneys in a foreclosure case. The matter was referred to a referee to take proofs on tbe questions of fact in dispute, and to report tbe same with bis opinions thereon to tbe court as to tbe facts and the law of tbe case. Tbe referee’s report was confirmed at Special Term, and from tbe order of confirmation Arthur P. Elagler, tbe assignee, appealed.
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Appeal from an order of tbe Monroe Special Term directing tbe distribution of surplus moneys in a foreclosure case. The matter was referred to a referee to take proofs on tbe questions of fact in dispute, and to report tbe same with bis opinions thereon to tbe court as to tbe facts and the law of tbe case. Tbe referee’s report was confirmed at Special Term, and from tbe order of confirmation Arthur P. Elagler, tbe assignee, appealed. Tbe fact in issue and tbe character of tbe exceptions on which tbe appellant relies for error are stated in tbe opinion.
1Opinion of the Court
Barker, J.:
Tbe mortgagor, Orville R. Wheeler, was owner in possession of tbe premises at tbe time of tbe sale. Before tbe foreclosure suit *126was commenced be made a general assignment of all bis property, including tbe mortgaged premises, to Arthur P. Flagler in trust, for tbe benefit of bis creditors. Within a few days thereafter Townsend,, one of his creditors, recovered á judgment against the assignor, which was duly docketed in the county where the property was-situated. Execution was issued thereon against the property of the-judgment debtor, which was duly returned unsatisfied. This…
2Cases cited4 opinions
- Bullis v. . MontgomeryNew York Court of Appeals · 1872
- Von Sachs v. . KretzNew York Court of Appeals · 1878
- Waldele v. New York Central & Hudson River RailroadNew York Court of Appeals · 1884
- Jones v. East Society of Methodist Episcopal ChurchNew York Supreme Court · 1855