Siegel v. Atterbury

Plaintiff is the owner of certain improved real estate located at 7 West One Hundred and Thirty-seventh street, New York city, having acquired title thereto upon a sale held pursuant to a judgment of foreclosure of her third mortgage on the property. The deed of conveyance to plaintiff is dated July 21, 1937. The third mortgage held by plaintiff which was foreclosed had been executed and delivered on July 28, 1930.

Defendant Albert H. Atterbury, as trustee under the will of Morgan G. Colt, deceased, is the holder of a first mortgage on the property. This mortgage has been a lien on the realty…