Jacobie v. Mickle
New York Supreme Court
Action by Clara M. Jacobie against Henry Mickle, Samuel T. Guilford, and others to foreclose a mortgage. Complaint dismissed. Plaintiff appeals. The defendant Samuel T. Guilford was the only defendant who answered.
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Action by Clara M. Jacobie against Henry Mickle, Samuel T. Guilford, and others to foreclose a mortgage. Complaint dismissed. Plaintiff appeals. The defendant Samuel T. Guilford was the only defendant who answered. By the supplemental answer of Guilford the defense is interposed that the defendant Guilford had, before the commencement of this action, commenced an actibn for the foreclosure of a second mortgage upon the premises described in the complaint, making as one of the defendants therein the plaintiff, Clara M. Jacobie, the holder of the prior mortgage, and alleging that it was past…
1Per curiam
We think the court below reached a correct conclusion. In the foreclosure action brought by Samuel T. Guilford against the plaintiff and others on the second bond and mortgage, plaintiff was made a party defendant, and did not answer or demur; and judgment in the action was regularly and properly entered for the sale of the mortgaged premises, and for the payment of plaintiff’s bond and mortgage out of the first proceeds. We think, under the circumstances, plaintiff, being a party to that action, and not having answered or demurred, is bound by the judgment. See Guilford v. Jacobie, (Sup.) 23…
2Cases cited2 opinions
- Parkhurst v. . BerdellNew York Court of Appeals · 1888
- Guilford v. JacobieNew York Supreme Court · 1893