Germania Savings Bank v. Jung
New York Supreme Court
Motion to confirm referee’s report in surplus money-proceedings, Ferdinand Jung and Barbara Jung, his wife, were the owners of cer.tain premises as tenants by the entirety and made a mortgage thereon to the plaintiff, the Germania Savings Bank, which was foreclosed in the above entitled action.
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Motion to confirm referee’s report in surplus money-proceedings, Ferdinand Jung and Barbara Jung, his wife, were the owners of cer.tain premises as tenants by the entirety and made a mortgage thereon to the plaintiff, the Germania Savings Bank, which was foreclosed in the above entitled action. Claims were made to the surplus moneys arising from the sale under the foreclosure by the husband and wife and referred to a referee whose opinion was as follows: Samuel T. Maddox, Esq., Referee. These proceedings to reach the surplus moneys present but one question and that requiring careful study…
1Opinion of the Court
Earl J.,
in Bertles v. Nunan, (supra).
If the enabling acts of 1848, etc., permita husband and wife to hold separate estates in the same lands; if an absolute divorce converts a tenancy by the entirety into a tenancy in common ; and if the common law rule has been so far modified as to prevent the husband’s creditors from applying his interest in the land to their debts and denying him the right of appropriating to himself the entire income of the land, it would seem to be fair argument to claim that equity could well modify the common law stringency as to survivorship and decree a division of…
2Cases cited1 opinion
- People ex rel. Brown v. BlakeNew York Supreme Court · 1867
3Cited by3 opinions
- Stretz v. ZolkoskiNew York Supreme Court · 1922
- College Point Savings Bank v. TomlinsonNew York Supreme Court · 1964
- In re One Hundred and Fifteenth and Vistula AvenuesNew York Supreme Court · 1930