Larkin v. . Misland
New York Court of Appeals
Appeal from order of the General Term of the Supreme, Court in the second judicial department made September 14, 1883, which affirmed an order of special term which awarded to defendant, Louisa Misland, the surplus arising on foreclosure sale herein.
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Appeal from order of the General Term of the Supreme, Court in the second judicial department made September 14, 1883, which affirmed an order of special term which awarded to defendant, Louisa Misland, the surplus arising on foreclosure sale herein. Said defendant claimed, as owner of the equity of redemption, the only other claimant was Agnes Misland who claimed to be entitled to a portion thereof, as lessee of the mortgaged premises, bic proof was made by the lessee as to the value of the leasehold estate. The surplus arising on a foreclosure stands in exactly the same position as the…
1Opinion of the CourtFinch, J.
This order. should be affirmed, solely for the reason that Agnes Misland did not show the value of her leasehold estate in excess of the rents reserved, or that it had any such value. We may grant that the lease which she produced from Louisa was duly delivered, and that there was possession under it, and so that she was entitled to be first paid out of the surplus the value of her leasehold estate before any part of such surplus should go to the lessor as owner of the equity of redemption. But the difficulty remains that there is no sufficient proof of any such value, and so no basis for an…
2Cited by15 opinions
- In re Delancey StreetAppellate Division of the Supreme Court of the State of New York · 1907
- In Re Widening of Michigan Ave.Michigan Supreme Court · 1937
- United States v. 6.87 Acres of Land in Garden City, Nassau County, N. Y.Court of Appeals for the Second Circuit · 1945
- William P. Rae Co. v. CourtneyNew York Court of Appeals · 1929
- People Ex Rel. United States Rubber Co. v. KnappNew York Court of Appeals · 1921
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