Jacobie v. . Mickle
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made July 8, 1893, which affirmed a judgment in favor of defendant entered upon an order dismissing the complaint on trial at Circuit without a jury. This was an action for the foreclosure of a mortgage. The facts, so far as material, are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made July 8, 1893, which affirmed a judgment in favor of defendant entered upon an order dismissing the complaint on trial at Circuit without a jury. This was an action for the foreclosure of a mortgage. The facts, so far as material, are stated in the opinion. The only proper parties to an action of foreclosure are the mortgagor, mortgagee and those who have acquired rights under them, subsequent to the mortgage, so far as legal rights are concerned. (I. I. S. Bank v.…
1Opinion of the CourtEarl, J.
The plaintiff and the defendant Guilford each had a mortgage upon real estate in Warren county, her mortgage being prior to his. He commenced an action to foreclose Ms mortgage in July, 1891, making her a defendant therein. The complaint in that action alleged her mortgage, and that it was prior to Ms mortgage, and, among other things, demanded that the amount due upon her mortgage should be ascertained and paid before the amount due upon his. She suffered default in the action and judgment was rendered therein which provided that out of the proceeds of the sale of the premises her mortgage…
2Cases cited3 opinions
- Lewis v. . SmithNew York Court of Appeals · 1854
- Holcomb v. HolcombNew York Supreme Court · 1847
- McReynolds v. MunnsNew York Court of Appeals · 1865
3Cited by23 opinions
- Polish National Alliance of Brooklyn, U.S.A. v. White Eagle Hall Co.Appellate Division of the Supreme Court of the State of New York · 1983
- Jasper v. . RozinskiNew York Court of Appeals · 1920
- Oliphant v. . BurnsNew York Court of Appeals · 1895
- City Bank v. HockeAppellate Division of the Supreme Court of the State of New York · 1915
- Clapp v. McCabeNew York Supreme Court · 1895
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