Schwinger v. . Hickok
New York Court of Appeals
Appeal from a judgment of the General Term of the Superior Court of Buffalo, affirming a judgment in favor of defendant, entered upon the decision of the court upon trial at a trial term without a jury.
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Appeal from a judgment of the General Term of the Superior Court of Buffalo, affirming a judgment in favor of defendant, entered upon the decision of the court upon trial at a trial term without a jury. This action was brought to recover back the sum of seventy-five dollars, alleged to have been paid by plaintiff upon the purchase of a lot of land in Erie county at a sale by the sheriff of Erie county under execution in favor of plaintiff, which execution and the judgment upon which it was issued plaintiff claimed to be void, and that the sale gave him no title. On the tenth day of July,…
1Opinion of the CourtAndrews, J.
The judgment for the deficiency remaining after the sale of the mortgaged premises was, in form, a judgment in personam against the mortgagor, and, if the court had jurisdiction to render it, warranted the sale upon execution of the land purchased by the plaintiff.
In an action for the foreclosure of a mortgage the court may adjudge and direct the payment by the mortgagor of any residue of the mortgage debt that may remain after sale of the mortgaged premises, when the mortgagor is personally liable for the debt secured by the mortgage. This rule is consonant with the general principle that…
2Cases cited5 opinions
- Bissell v. BriggsMassachusetts Supreme Judicial Court · 1813
- United States Tr. Co. of New York v. . U.S. Fire Ins. Co.New York Court of Appeals · 1858
- Boswell's Lessee v. OtisSupreme Court of the United States · 1850
- The Kingston Bank v. . EltingeNew York Court of Appeals · 1869
- Chapman v. . the City of BrooklynNew York Court of Appeals · 1869
3Cited by32 opinions
- Hunt v. . HuntNew York Court of Appeals · 1878
- Friar v. Vanguard Holding Corp.Appellate Division of the Supreme Court of the State of New York · 1980
- Rigney v. . RigneyNew York Court of Appeals · 1891
- Durant v. . AbendrothNew York Court of Appeals · 1884
- Irving Trust Co. v. SeltzerAppellate Division of the Supreme Court of the State of New York · 1943
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