King v. Harris
New York Supreme Court
APPEAL from an order made at a special term confirming the report of a referee as to the priorities of the several liens upon surplus moneys. The fund in the court was the surplus proceeds of the foreclosure sale in this cause, after satisfying the claims of the mortgagees.
Read the full summary
APPEAL from an order made at a special term confirming the report of a referee as to the priorities of the several liens upon surplus moneys. The fund in the court was the surplus proceeds of the foreclosure sale in this cause, after satisfying the claims of the mortgagees. The claimants of this fund were: 1. Theodore C. Foote and Daniel D. Foote, who obtained a judgment in this court against Dennis Harris, owner of the mortgaged premises, which was filed and docketed January 1, 1856, for $4607.90, and who regularly filed a claim to the surplus in this cause. 2. Bartolomé Blanco, who…
1Opinion of the Court
By the Court, Mullin, J.. On or about the 12th June, 1856, an action of foreclosure was “commenced by the plaintiffs, as mortgagees, against Harris, the mortgagor, and others, to foreclose a mortgage. In or about October, 1856, judgment was entered in that suit, and the premises were sold about the 5th February, 1857. There was a surplus, arising from the sale, of $2646.25. On the 1st of January, 1856, a judgment was docketed in this court in favor of Theodore 0. Foote and D. D. Foote, against Harris, the defendant in this suit, for $3456.37, and on that day it became a lien on the mortgaged…
2Cited by9 opinions
- Halpin v. ColemanAppellate Division of the Supreme Court of the State of New York · 1901
- Foot v. DillayeNew York Supreme Court · 1873
- Clark v. SmithAppellate Division of the Supreme Court of the State of New York · 1901
- Olyphant v. PhyfeNew York Supreme Court · 1899
- Adami v. BackerNew York Supreme Court · 1899
4 more not listed; retrieve them via the Exa API.