McCotter v. . Jay
New York Court of Appeals
This action was brought to set aside a sale of mortgaged premises as unfairly and inequitably conducted on the part of the defendant, Jay; also two deeds of conveyance, of the mortgaged premises to. two others of the. defendants,, Weeks and Hoff; and also a mortgage'executed by the last named persons to the other defendant, Hulse, after the purchase under the mortgage sale.
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This action was brought to set aside a sale of mortgaged premises as unfairly and inequitably conducted on the part of the defendant, Jay; also two deeds of conveyance, of the mortgaged premises to. two others of the. defendants,, Weeks and Hoff; and also a mortgage'executed by the last named persons to the other defendant, Hulse, after the purchase under the mortgage sale. The mortgaged- premises were sold under legal proceedings regularly conducted,. to foreclose a mortgage executed by one Michael C. Coss to the plaintiff, which mortgage the plaintiff transferred to the Mechanics’ Fire…
1Opinion of the CourtHogeboom, J.
There appear to be several insuperable difficulties in' the way of the plaintiff.
1. The foreclosure proceedings were entirely regular and free from fraud. They cannot, therefore, be disturbed or set aside without some legal reason.
2. Ho sufficient reason appears in the case. The plaintiff's want of knowledge of the time and place of the sale is entirely attributable to his own negligence. He was a party to the foreclosure suit, and was bound to due diligence in obtaining information of the 'Sale, in order to protect his rights.
3. He does.not allege that he was misled or legally surprised. .
4.…
2Cited by13 opinions
- Howell v. . MillsNew York Court of Appeals · 1873
- Hackley v. . DraperNew York Court of Appeals · 1875
- Deen v. . MilneNew York Court of Appeals · 1889
- Kellogg v. HowellNew York Supreme Court · 1872
- Libby v. RosekransNew York Supreme Court · 1869
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