Hall v. Nelson
New York Supreme Court
APPEAL from a judgment of the Kings county court. The action was brought to foreclose a mortgage, executed by the defendant.
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APPEAL from a judgment of the Kings county court. The action was brought to foreclose a mortgage, executed by the defendant. The complaint set forth that on the 12th day of November, 1852, the defendant executed a bond and mortgage to the plaintiff for twenty-five thousand dollars, conditioned for the payment of that sum in two installments, viz: Two thousand five hundred dollars on the first day of March, 1853, and tjjre remainder at the expiration of two years from the date of fine bond and mortgage. That the mortgage covered twenty-ibur lots of ground in the city of Brooklyn. That the…
1Opinion of the CourtEmott, J.
There is no doubt that the owner of the equity of redemption is a necessary party to a suit for the foreclosure of a mortgage. The mere statement of this proposition is sufficient to show its correctness, without the citation of any authorities in its support. The action is brought for the express purpose of foreclosing the equitable estate and right to redeem remaining against the mortgage, and of transferring to the mortgagee, or under our practice, to the purchaser at a sale by virtue of the decree, a complete legal title to the mortgaged premises. The very object of the proceeding would,…
2Cited by7 opinions
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- Benson v. CromwellNew York Supreme Court · 1857
- National Fire Insurance v. McKaySuperior Court of Buffalo · 1867
- Arnold v. . ReesNew York Court of Appeals · 1858
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