Argall v. . Pitts
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in thé first judicial department, affirming an order of Special Term, denying a motion on the part of plaintiff for a judgment against defendant Dean for deficiency. The facts appear sufficiently in the opinion.
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Appeal from order of the General Term of the Supreme Court, in thé first judicial department, affirming an order of Special Term, denying a motion on the part of plaintiff for a judgment against defendant Dean for deficiency. The facts appear sufficiently in the opinion. Defendant .Dean having entered into possession and collected the rents of the premises was liable for the interest on the mortgage and taxes while • he was in possession, to the extent of the rents collected by him, or so much as might be necessary to pay any deficiency. (Lattimer v. Moore et al., 4 McLean, 110; Cumberland v.…
1Opinion of the CourtEarl, J.
This is an action for the foreclosure of a mortgage given by Friend Pitts to secure in part the purchase-money of the mortgaged premises. After the execution of the mortgage, the premises were conveyed, through several successive grantees to Lydia H. Plume, each grantee assuming payment of the mortgage as part of the purchase-money. Plume thereafter, in May, 1876, conveyed the premises to George TV. Dean, subject to the mortgage and to the taxes thereon for the year 1875. Dean did not, however, assume the payment of the mortgage or of the taxes. These facts appear in the complaint. It is also…
2Cited by26 opinions
- Frank v. . N.Y., L.E. W.R.R. Co.New York Court of Appeals · 1890
- New York Security & Trust Co. v. Saratoga Gas & Electric Light Co.New York Court of Appeals · 1899
- Fletcher v. McKeonAppellate Division of the Supreme Court of the State of New York · 1902
- Scott v. WareSupreme Court of Alabama · 1880
- Wyckoff v. . ScofieldNew York Court of Appeals · 1885
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