Husted v. Dakin
New York Supreme Court
I. The sale and certificate “ became null and- void” by the redemption of the premises sold. 1. The defendant in the execu ■ tions upon which the sheriff claims to have sold this property, is entitled to redeem it, within one year from the time of sale, by payment of the sum bid, with ten per cent, interest. (2 Rev. Stat., 370, §§ 45, 46.) The subsequent sale under foreclosure, does not affect the defendant’s right to redeem. The statute is absolute.
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I. The sale and certificate “ became null and- void” by the redemption of the premises sold. 1. The defendant in the execu ■ tions upon which the sheriff claims to have sold this property, is entitled to redeem it, within one year from the time of sale, by payment of the sum bid, with ten per cent, interest. (2 Rev. Stat., 370, §§ 45, 46.) The subsequent sale under foreclosure, does not affect the defendant’s right to redeem. The statute is absolute. The grantee acquiring title by sale under a mortgage, intended by the statute, is a mortgage made subsequent to the judgment, not before, as the…
1Opinion of the Court
*138I. August, 1857.—Motion to confirm referee’s report in regard to surplus moneys.
The foreclosure was instituted by Cornelius Husted, Silas Harris, Henry C. Myers, and George W. Barton, against Orville Dakin and others. There was a surplus of $11,918.62. The referee found and reported that the plaintiffs were entitled to the entire surplus, and that Fuller, Dayton & Co., E. & J. Willetts, and G. & H. S. Dakin, adverse claimants, were not entitled to any lien upon the surplus moneys.
It appeared that Fuller, Dayton & Co. recovered judgment in the Supreme Court, Hew York, against Orville Dakin, on…
2Cases cited23 opinions
- Phyfe v. RileyNew York Supreme Court · 1836
- Collier v. WhippleCourt for the Trial of Impeachments and Correction of Errors · 1834
- Jackson ex. dem. Merrit v. BowenNew York Supreme Court · 1827
- Mowhawk Bank v. R. & P. AtwaterNew York Court of Chancery · 1830
- M'Donald v. NeilsonCourt for the Trial of Impeachments and Correction of Errors · 1823
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3Cited by5 opinions
- Van Camp v. . SearleNew York Court of Appeals · 1895
- Davison v. MacDonaldNew York Supreme Court · 1925
- Taylor v. BentleyNew York Surrogate's Court · 1877
- Elsworth v. MuldoonNew York Supreme Court · 1873
- In re DakinDistrict Court, S.D. New York · 1879