Glassberg v. Arctander

Defendants in a mortgage foreclosure action who do not set up any equities against the plaintiff should not be allowed to litigate between themselves, before judgment, the question of their priorities of right in the funds, or their equities, but plaintiff should have the usual judgment. (2 Fiero Particular Actions and Proceedings [4th ed.], 1453; 1 Wiltsie Mort. Foreclosure [4th ed.], § 509, p. 665. See, also, Nauss v. Nauss Brothers Co., No. 2, 195 App. Div. 328, 333.) The situation would doubtless be different if the action sought to foreclose a mechanic’s hen rather than a mortgage. In…