Gerry v. Post
New York Supreme Court
Motion to set aside judgment of foreclosure and sale of mortgaged premises—and that the purchaser be discharged.
1Opinion of the Court
Mitchell, Justice.
In July, 1849, a judgment of foreclosure and sale was entered in the above action, but judgment was afterwards opened, and a new judgment entered on the 27th of Nov., 1854, under which the mortgaged premises were sold t.o Isaac C. Delaplane on the 22d .of December last. Notice oí' lis pendens was duly filed at or about the commencement of the action. Mr. Delaplane considers the title bad, and refuses to complete bis purchase for two reasons: 1st. Post was owner of the fee, subject to the mortgage; he died, and by order of the surrogate, and in order to pay his debts, his…
2Cases cited4 opinions
- Woodcock v. BennetNew York Supreme Court · 1823
- Griswold v. StewartNew York Supreme Court · 1825
- Bennett v. DavisNew York Supreme Court · 1824
- Center v. BillinghurstNew York Supreme Court · 1823
3Cited by7 opinions
- In re the Estate of KatzNew York Surrogate's Court · 1930
- Estate of Pearson v. CoulterOregon Supreme Court · 1949
- In re the Accounting of Guaranty Trust Co.New York Surrogate's Court · 1947
- In re the Judicial Settlement of the Account of DavenportNew York Surrogate's Court · 1902
- Smith v. JoyceNew York Court of Common Pleas · 1886
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