Bedell v. M'Clellan
New York Supreme Court
The complaint in this action was filed on the 21st of May last, for the .purpose of foreclosing a mortgage, executed on the 13th Dec., 1833, by Hugh M£Clellan to John Sanderson, deceased, to secure the sum of three thousand dollars. On the same day a notice of lis pendens was filed, and a summons and copy complaint were delivered to the sheriff, which was served on the 23d of May last.
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The complaint in this action was filed on the 21st of May last, for the .purpose of foreclosing a mortgage, executed on the 13th Dec., 1833, by Hugh M£Clellan to John Sanderson, deceased, to secure the sum of three thousand dollars. On the same day a notice of lis pendens was filed, and a summons and copy complaint were delivered to the sheriff, which was served on the 23d of May last. The defendant, Husted, has a prior mortgage, covering one of the farms embraced in the plaintiffs’ mortgage. The mortgage of Husted was executed by Hugh M£Clellan to said Husted on the 1st of May, 1832, to…
1Opinion of the Court
Parker, Justice.
The question presented for decision is, whether, upon the facts in this case, the plaintiffs are entitled to an injunction order, restraining Husted’s proceedings to foreclose by, advertisement, for the purpose of enabling the plaintiffs to make sale of the property for the benefit, first of Husted and then of the plaintiffs.
The plaintiffs. rely upon the case of Davis agt.. Briggs, (3 How. Pr. R. 65.) In that case, a subsequent mortgagee had commenced a foreclosure by action; and a prior mortgagee was made a party, and had put in his answer, admitting the material facts…
2Cited by1 opinion
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