Alling v. . Fahy
New York Court of Appeals
Appeal from an order of the General Term of the Supreme Court in the fourth judicial department, affirming an order of Special Term, which order set aside a judgment of foreclosure herein and a sale thereunder, substituted a defendant, and allowed him to interpose the defense of usury. It was stated in the order of Special Term that the judgment and the sale were “ vacated and set aside as irregular, and also on the broad equities of the case.”
1Per curiam
The order in this case is not appealable to this court. The judgment of foreclosure was by default, which, with the subsequent proceedings, were sot aside, and the defendants were allowed to put in a defense, and whether for irregularity or upon the “ broad equities,” or as a favor, it was entirely discretionary with the court below, and hence not appealable.
The counsel for the defendant urged that the order is unjust to the infant plaintiffs, whose money had been invested in good faith in the mortgage, and under circumstances entitling them to protection. If so, it is presumable that the…
2Cited by3 opinions
- Ladd v. . StevensonNew York Court of Appeals · 1889
- Walsh v. SchulzNew York Court of Common Pleas · 1884
- Siegel v. StateNew York Court of Claims · 1930