Field v. Hawxhurst
New York Supreme Court
Motion to amend complaint after judgment. The suit was brought to foreclose certain mortgages executed by the defendants Hawxhurst and Paulding.
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Motion to amend complaint after judgment. The suit was brought to foreclose certain mortgages executed by the defendants Hawxhurst and Paulding. The petition upon which this motion is founded, states, that on the 12th day of April, 1848, and while the mortgagors were yet the owners of the mortgaged premises, the plaintiff recovered against them, in the New-York Common Pleas, a judgment for the sum of $7025,28, which was docketed in the county of Ulster, where the mortgaged premises are situated, and became a lien thereon. Subsequently, the equity of redemption in the mortgaged premises was…
1Opinion of the Court
Harris, Justice.
I am inclined to think the amendment *77sought by the plaintiff is unnecessary for the purpose for which it is asked. Prior to 1830, it was the practice to ascertain the amount of all incumbrances upon mortgaged premises, before making a decree for sale. Renwick agt. Macomb, (Hopk. 277.) The 136th rule, adopted in 1830, dispensed with the necessity of ascertaining, beforehand, the liens of the defendants. If any surplus moneys remained u after satisfying the amount due the complainant, any defendant might have an order of reference, &c.” Still it was necessary that the…
2Cases cited1 opinion
- Tower v. WhiteNew York Court of Chancery · 1843
3Cited by4 opinions
- Mutual Life Insurance v. BowenNew York Supreme Court · 1866
- Sautter v. FrickAppellate Division of the Supreme Court of the State of New York · 1930
- Mutual Life Insurance v. TruchtnichtNew York Supreme Court · 1877
- In re DakinDistrict Court, S.D. New York · 1879