Legal Opinion

Gano v. Potter

New York Supreme Court

Decided December 15, 1918Published

Motion to compel the plaintiff to bring in defendants in an action to foreclose a mortgage.

1Opinion of the CourtRodenbeck, J.

The defendant Lanctot, a judgment creditor of a former owner of the property covered by the mortgage sought to be foreclosed in this action, asked to have her judgment debtor brought in as defendant and also the mortgagors or their representatives. The only defendants are the present owner of the property and subsequent lienors. The theory of this application is that the parties sought to be brought *483in "being liable for the mortgage debt will be apt to bid on the property and thereby create a surplus which may be applied to the payment of the judgments which are liens on the property. The…

2Cases cited12 opinions

  1. Vrooman v. . TurnerNew York Court of Appeals · 1877
  2. Brown v. . VolkeningNew York Court of Appeals · 1876
  3. Collins v. HoxieNew York Court of Chancery · 1841
  4. Moulton v. . CornishNew York Court of Appeals · 1893
  5. Schwinger v. . HickokNew York Court of Appeals · 1873

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