Schafer v. . Reilly
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the second judicial department, affirming an order of Special Term, which order confirmed referee’s report in proceedings instituted under rule seventy-seven of the Supreme Court, to ascertain and report the amount due to the respondent herein, or to any other person, which was a lien upon the surplus moneys arising upon a foreclosure sale, and to ascertain the priorities of the several liens thereon.
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Appeal from order of the General Term of the Supreme Court in the second judicial department, affirming an order of Special Term, which order confirmed referee’s report in proceedings instituted under rule seventy-seven of the Supreme Court, to ascertain and report the amount due to the respondent herein, or to any other person, which was a lien upon the surplus moneys arising upon a foreclosure sale, and to ascertain the priorities of the several liens thereon. The parties to the appeal are Catharine M. Burchard, respondent, and Alfred L. Griffin, appellant, who are contesting claimants to…
1Opinion of the CourtAllen, J.
The parties to this appeal are contesting claimants to the surplus moneys arising from the sale of mortgaged premises under a judgment of foreclosure, upon which both had liens, and the only question is as to the priority of the respective claims.
The appellant, Griffin, claims as a lienor under chapter 335 of the Laws of 1853, giving to mechanics and others erecting buildings, performing work or furnishing materials therefor in the county of Kings, the right to a lien on the building and appurtenancés, and upon the land on which the same shall stand,- for the value of such labor and-…
Also in this document: Concurrence.
2Cases cited6 opinions
- McNeil v. . the Tenth National BankNew York Court of Appeals · 1871
- Bush v. . LathropNew York Court of Appeals · 1860
- Sheldon v. . EdwardsNew York Court of Appeals · 1866
- Varick v. BriggsNew York Court of Chancery · 1837
- Fort v. BurchNew York Supreme Court · 1848
1 more not listed; retrieve them via the Exa API.
3Cited by53 opinions
- Frear v. . SweetNew York Court of Appeals · 1890
- Greene v. . WarnickNew York Court of Appeals · 1876
- Bennett v. . BatesNew York Court of Appeals · 1884
- Tingle Adm'r v. FisherWest Virginia Supreme Court · 1882
- De Lancey v. . StearnsNew York Court of Appeals · 1876
48 more not listed; retrieve them via the Exa API.