New York Life Insurance & Trust Co. v. Rand
New York Supreme Court
This action was instituted in August 1849, to foreclose a mortgage executed by the defendant Legg to the plaintiffs upon a dwelling house and about six acres of land situated in the fifth ward of the city of Rochester. A judgment of foreclosure in the usual form was entered some time prior to the 13th day of May 1850. None ot the defendants appeared in the action.
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This action was instituted in August 1849, to foreclose a mortgage executed by the defendant Legg to the plaintiffs upon a dwelling house and about six acres of land situated in the fifth ward of the city of Rochester. A judgment of foreclosure in the usual form was entered some time prior to the 13th day of May 1850. None ot the defendants appeared in the action. The defendant Frost was in the actual occupation of the mortgaged premises at the time of the commencement of the action, and had continued so in possession until after the order for a writ of assistance was granted as herein after…
1Opinion of the Court
Welles, Justice.
This motion is founded upon the following grounds:
1. That Frost, H. R. Selden and Graves should have had notice of the motion for the writ of assistance.
2. That Judge Selden had no jurisdiction to make the order for the writ, by reason of his consanguinity with H. R. Selden.
3. That Rand, not being the purchaser at the sheriff’s sale, was not entitled to the writ of assistance; and
4. If notice had been given, and the judge had jurisdiction, that the writ of assistance should not have been ordered until the equities of H. R. Selden had been determined
As to the first gronud; The…
2Cases cited2 opinions
- Rogers v. KneelandCourt for the Trial of Impeachments and Correction of Errors · 1834
- Van Hook v. ThrockmortonNew York Court of Chancery · 1839
3Cited by4 opinions
- Emerick v. MillerIndiana Supreme Court · 1902
- Kilpatrick v. Argyle Co.Appellate Division of the Supreme Court of the State of New York · 1922
- Lynde v. O'DonnellNew York Supreme Court · 1861
- Smith v. BrotschNew York Supreme Court · 1917