Homœopathic Mutual Life Insurance v. Sixbury
New York Supreme Court
Appeal from an order made at Special Term, setting aside a sale under a judgment of foreclosure, entered in tbe above entitled action. Tbe Mills mortgage was not cut off by tbe foreclosure. (Reynolds v. Parle, 53 N. Y., 36, 41; Gaye v. Brewster, 31 id., 215; Brainerd v. Cooper, 10 id., 356; Boot v. Wheeler, 12 Abb., 294; Harries v. Beach, 3 Johns.
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Appeal from an order made at Special Term, setting aside a sale under a judgment of foreclosure, entered in tbe above entitled action. Tbe Mills mortgage was not cut off by tbe foreclosure. (Reynolds v. Parle, 53 N. Y., 36, 41; Gaye v. Brewster, 31 id., 215; Brainerd v. Cooper, 10 id., 356; Boot v. Wheeler, 12 Abb., 294; Harries v. Beach, 3 Johns. Ch., 459; Draper v. Clarendon, 2 Yern., 517; Godfrey v. Chadwell, 2 id., 601; Moret v. Westerns; 2 id., 663; Hobart v. Abbott, 2 P. Wins., 643; Palle v. Clinton, 12 Yes., 48, 59; Bishop of Winchester v. Beaver, 3 id., 314; S. C., 11 id., 197;…
1Opinion of the Court
Talcott, P. J.:
This is an appeal from an order made at the Special Term in Lewis county, setting aside a foreclosure sale. The mortgage foreclosed bears date on the 9th day of December, 1865, and was made by the defendants, Sidney A. Sixbury and Samuel E. Skinner, to John O’Donnell, and came to the hands of the plaintiff by virtue of sundry mesne assignments. It covers a three story brick store in the village of Lowville, in said county of Lewis, which is shown to be worth the sum of $5,000. Sixbury and Skinner were the owmers in fee of the mortgaged premises at the date of the mortgage. The…
2Cases cited2 opinions
- Tower v. WhiteNew York Court of Chancery · 1843
- Wheeler v. Van KurenNew York Court of Chancery · 1846