Brandow v. Vroman
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, Albany county. Action by Cornelius S. Brandow against Jesse O. Vroman, William W. Zelie, and others. From an order (50 N. T. Supp. 323) denying a motion to set aside an order to serve the summons by publication, defendants William W. Zelie and others appeal. The action is to foreclose a mortgage executed by Jesse O. Vroman to the plaintiff.
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Appeal from special term, Albany county. Action by Cornelius S. Brandow against Jesse O. Vroman, William W. Zelie, and others. From an order (50 N. T. Supp. 323) denying a motion to set aside an order to serve the summons by publication, defendants William W. Zelie and others appeal. The action is to foreclose a mortgage executed by Jesse O. Vroman to the plaintiff. Prior to its commencement, the defendant Daley had been appointed receiver of Vroman’s property, and Vroman himself had absconded. Vroman is named as a part)7 defendant in this action, and also Daley. William and Josiah Zelie are…
1Opinion of the CourtParker, P. J.
We are of the opinion that the equity of redemption will not be effectually cut off in this action unless the mortgagor, Jesse 0. Vroman, is served with process, and properly brought in as a defendant. The fact that James B. Daley was appointed a receiver of his property before the commencement of this action, and that he is made a defendant therein, will not operate to foreclose such equity. The title which such receiver took of Vroiuan’s property was a qualified one,—in the nature of security merely. The equity of redemption is not vested so absolutely in him that if Vroman should pay up…
2Cases cited1 opinion
- Faneuil Hall National Bank v. BussingNew York Court of Appeals · 1895
3Cited by3 opinions
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- Morgan v. Mutual Benefit Life InsuranceCalifornia Court of Appeal · 1911
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