Vought v. Levin
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, John II. Yought and another, as subtituted trustees, etc., from an interlocutory judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New York-on the 27th day of October, 1910, upon the decision of the court, rendered after a trial at the New York Special Term, sustaining the defendants’ demurrer to the complaint.
1Opinion of the Court
McLaughlin, J.:
In the year 1909 an action was commenced to foreclose a mortgage upon real estate in the city of New York, in which the present defendants, with others, were named as parties defendants. The action resulted in a judgment and sale, the plaintiff's being the purchasers, After the purchasers had gone into possession the defendants in this action claimed that in the foreclosure action a copy of the summons had not been served upon them and that their interest as .subsequent lienors had not been extinguished. Thereupon this action was brought to foreclose the mortgage against them…
2Cases cited3 opinions
- Moulton v. . CornishNew York Court of Appeals · 1893
- Townsend v. . BogertNew York Court of Appeals · 1891
- Hilton Bridge Const. Co. v. Gouverneur & O. R.New York Supreme Court · 1895
3Cited by6 opinions
- Monday Properties Inc. v. A-1 Plumbing & Heating Co.New York Supreme Court · 1960
- In re City of New York to Acquire Title to East Twenty-Ninth StreetAppellate Division of the Supreme Court of the State of New York · 1936
- Neustadter Foundation v. BernfeldNew York Supreme Court · 1937
- Mortgage Commission Realty Corp. v. Columbia Heights Garage Corp.New York Supreme Court · 1938
- Kelly v. StruthAppellate Division of the Supreme Court of the State of New York · 1914
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