Legal Opinion

Shepard v. O'Neil

New York Supreme Court

Decided August 7, 1848PublishedCited by 4 opinions

In Equity. Exceptions to the report of a referee as to the distribution of the surplus moneys arising on the sale of mortgaged premises. O’Neil gave a mortgage dated February 7, 1845, and recorded February 11, 1845, and which was foreclosed by the plaintiff. The decree of foreclosure was made April 26,1848, for $311. The premises were sold on the same day for $610, and bid off by P. Cagger, Esq.

Read the full summary

In Equity. Exceptions to the report of a referee as to the distribution of the surplus moneys arising on the sale of mortgaged premises. O’Neil gave a mortgage dated February 7, 1845, and recorded February 11, 1845, and which was foreclosed by the plaintiff. The decree of foreclosure was made April 26,1848, for $311. The premises were sold on the same day for $610, and bid off by P. Cagger, Esq. Richard Bulger obtained a judgment against O’Neil for $132,57, which was docketed May 9th, 1845, and an execution was issued and the mortgaged premises sold thereon on the 8th of October, 1847, and…

1Opinion of the CourtHand, J.

I believe it is well settled, that by a sale of land on a judgment, the lien of the judgment and the right to redeem are gone. (2 Wend. 298. 4 Cowen, 136. 5 Hill, 228. 1 Denio, 633. 1 Hill, 110. 2 Denio, 344. 10 Paige, 249. 7 Cowen, 21. 1 Barb. S. C. R. 388.) And if the statute giving power to dispose of the surplus money on a mortgage sale, confined the distribution to liens “by judgment or decree,” in the language of the 93d rule, I should not hesitate to declare against the claims of Bulger and Randal, however strong their equity. But the statute is, that the surplus money “ shall be…

2Cases cited8 opinions

  1. Buchan v. SumnerNew York Court of Chancery · 1847
  2. Evertsen v. SawyerNew York Supreme Court · 1829
  3. Russell v. AllenNew York Court of Chancery · 1843
  4. Post v. ArnotNew York Supreme Court · 1845
  5. In re FitchNew York Supreme Court · 1829

3 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Horn v. Indianapolis National BankIndiana Supreme Court · 1890
  2. Lauriat v. StrattonDistrict Court, D. Oregon · 1880
  3. Husted v. DakinNew York Supreme Court · 1857
  4. Livingston v. MillerNew York Supreme Court · 1859

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API