Moller v. Watts
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Peter Moller, Jr., and others, and by the defendant, John Daniell, Jr., from an order of the Supreme Court, made at the Westchester Special Term and entered in the office of the clerk of the county of Westchester on the 21st day of November, 1900, granting a motion to set aside a sale in foreclosure and directing a resale. '
1Opinion of the Court
Jenks, J.:
This is an appeal from an order of the Special Term granting a motion to set aside a sale under a mortgage • foreclosure and directing a resale. Mr. Daniell, the appellant, was the second mortgagee and the purchaser at the sale. The sale was set for October 1,1900, and was adjourned until the fifteenth of that month. The amount of the first mortgage lien with costs was $26,000, and the total amount of liens, including the taxes and the second mortgage, was *563about $40,000. At the beginning of the sale the attorney for the defendant, Mrs. Watts, who was the owner of the equity of…
2Cases cited7 opinions
- Tripp v. CookNew York Supreme Court · 1841
- American Insurance v. OakleyNew York Court of Chancery · 1841
- Livingston v. ByrneCourt for the Trial of Impeachments and Correction of Errors · 1814
- Kellogg v. HowellNew York Supreme Court · 1872
- Wesson v. ChapmanNew York Supreme Court · 1894
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3Cited by4 opinions
- Hammerman v. FergusonAppellate Division of the Supreme Court of the State of New York · 1975
- Becker v. MuehligAppellate Division of the Supreme Court of the State of New York · 1927
- Monthar, Inc. v. HaralambidesNew York Supreme Court · 1968
- Portnoy v. HillNew York Supreme Court · 1956