Legal Opinion

National Bank v. Whitney

Supreme Court of the United States

Decided March 21, 1881No. 159PublishedCited by 172 opinions

Ebbob to the Supreme Court of the State of New York. The facts are stated in the opinion of the court.

1Opinion of the CourtJustice Field

It appears from the record that the defendant Whitney, some time previously to 1871, executed to Maria Crocker a mortgage upon certain real property situated in the county of Genesee, in the State of New York, to secure an indebtedness to her; that in a suit brought for that purpose the mortgage was foreclosed' and a decree entered for the sale of the premises; that such sale was had, and the amount received satisfied the debt and left a surplus of over $8,800, which waá paid into court. The present controversy is be tween subsequent mortgagees and judgment creditors for this surplus.

On the…

2Cases cited1 opinion

  1. Fleckner v. President of the Bank of the United StatesSupreme Court of the United States · 1823

3Cited by172 opinions

  1. United States v. Kimbell Foods, Inc.Supreme Court of the United States · 1979
  2. California Bank v. KennedySupreme Court of the United States · 1897
  3. United States v. FlannerySupreme Court of the United States · 1925
  4. Fritts v. PalmerSupreme Court of the United States · 1889
  5. Davis v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1881

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