Chase v. Harvey

The action herein was commenced on or about May 27, 1937, and was brought to foreclose a mortgage dated April 11, 1934. On plaintiffs’ application to the court for a judgment of foreclosure and sale, the court inserted a provision in the judgment to the effect that the referee making the sale specify the amount of any deficiency in his report, and that the defendants pay so much thereof as the court may determine under section 1083-a of the Civil Practice Act and that the plaintiffs have judgment and execution therefor.

The plaintiffs appeal from this provision in the judgment upon the ground…