Humphrey v. Rising
Appellate Division of the Supreme Court of the State of New York
Appeal from Niagara county court. In the matter of the application of George F. Thompson for the ■distribution of surplus moneys arising under a sale in foreclosure in Potter against Rising and others, Simeon N. Humphrey and Emma J. Rising filed claims. From an order of the county court directing the payment of the surplus pursuant to the report of a referee, Simeon N. Humphrey appeals. Affirmed.
1Opinion of the CourtFollett, J.
The only contest between the claimants arises over the validity oí the judgment recovered by the respondent against- the owner of the mortgaged premises in a justice’s court on the 1st day of April, 1897, by confession. If this judgment is valid, it is a lien upon the surplus prior to the judgment recovered April 23, 1897, by the appellant against the owner of the mortgaged premises. April 1, 1897, a judgment was rendered in a justice’s court, on a confession, in favor of Emma J. Rising, and against Eley C. Rising, for $499.10, and a transcript thereof issued, which on the same day was filed…
2Cases cited3 opinions
- Fish v. . EmersonNew York Court of Appeals · 1871
- Walrod v. . ShulerNew York Court of Appeals · 1848
- Dickinson v. SmithNew York Supreme Court · 1857