Stillwell v. Hart
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants Hanson S. Webster and Emma A. Webster from an order of the County Court of Kings county, ■entered in the office of the clerk' of the county of Kings on the 4th ■day of February, 1899, directing the issuance of a writ of assistance to place the purchaser at the foreclosure sale had in the above-entitled action in possession of the premises.
1Opinion of the CourtHatch, J.
The mortgage, which was the subject of the foreclosure action, bore date December 22, 1890, and Webster, who now claims to be a prior lienor, was made a party defendant in the action to foreclose the mortgage. The judgment of foreclosure does'not appear in the present record; consequently we are uninformed as to its terms. The complaint, however, in the action appears in the record, and so far as its averments affect Webster it is in the usual form, that the defendants claim or have some interest in or lien upon the mortgaged premises, which is subordinate to the lien of the mortgage. It…
2Cases cited1 opinion
- Jacobie v. . MickleNew York Court of Appeals · 1894
3Cited by6 opinions
- City Bank v. HockeAppellate Division of the Supreme Court of the State of New York · 1915
- Stahl v. NorwichAppellate Division of the Supreme Court of the State of New York · 1923
- Giesy v. Aurora State BankOregon Supreme Court · 1927
- Mayer v. BurrAppellate Division of the Supreme Court of the State of New York · 1909
- de Lima Mayer v. BurrAppellate Division of the Supreme Court of the State of New York · 1909
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