Frazier v. Swimm
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Charles Frazier, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 25th day of September, 1902, vacating and setting aside a referee’s sale in foreclosure and annuling and canceling the referee’s deed and ordering a resale.
1Opinion of the Court
Woodward, J.:
The plaintiff in this action foreclosed a mortgage for $10,000, upon which there was due $3,000. The defendant Graves claimed an interest in the premises by virtue of a mechanic’s lien for $550. This lien, if it was a lien, was subject to judgment of foreclosure of prior mortgages aggregating $43,310.25 and four other liens which brought the total prior liens upon the premises up to $44,340.05. Graves had appeared in the action and had waived notice of all proceedings except notice of sale and surplus proceedings. It is not disputed that he had no other notice than that which is…
2Cases cited3 opinions
- Moore v. . ShawNew York Court of Appeals · 1879
- Eidlitz v. DoctorNew York Supreme Court · 1898
- Collins v. McArthur, New York County Courts1900
3Cited by4 opinions
- Alben Affiliates v. Astoria Terminal, Inc.New York Supreme Court · 1962
- McCoy v. BaileyNew York Supreme Court · 1960
- Dickey v. GoertnerNew York Supreme Court · 1914
- Snell v. TimmermanAppellate Division of the Supreme Court of the State of New York · 1979