Gauhn v. Mills
New York County Courts
Motion by defendant to set aside an order confirming report of a referee on foreclosure of a mechanics’ lien, and the judgment entered thereon. This action was brought by John Gauhn and others, claimants, against Jennie C. Mills, the owner, to foreclose a mechanics’ lien. A judgment on report of referee had been entered, in which the rights and equities of the lienors were adjudicated.
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Motion by defendant to set aside an order confirming report of a referee on foreclosure of a mechanics’ lien, and the judgment entered thereon. This action was brought by John Gauhn and others, claimants, against Jennie C. Mills, the owner, to foreclose a mechanics’ lien. A judgment on report of referee had been entered, in which the rights and equities of the lienors were adjudicated. On this judgment the claimants' attorney advertised the premises to be sold as in foreclosure under a decree, by a referee. An order was obtained to show cause why the order confirming the referee’s report and…
1Opinion of the CourtFuller, J.
I am of opinion that upon the foreclosure of a mechanics’ lien upon premises of the owner under the statute, the court has power to direct a sale *116Tby referee, as on the foreclosure of a mortgage. The last clause of section 6 of chapter 489 of Laws of 1873 is broad enough to include it. It is that the supreme court and county courts “ shall have full power to adjust and enforce all the rights and equities between all or any of said parties, and enforce or protect the same by any of the remedies usual in said courts.” * One of *117the usual remedies in said courts for the enforcement of liens upon…
2Cited by1 opinion
- Gallagher v. KarnsNew York Supreme Court · 1882