Brandow v. Vroman
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, William W. Zelie and another, as executors, etc., of David Zelie, deceased, from an order of the Supreme Court, made at the Albany Special Term and entered in the office of the clerk of the county of Schoharie on the 23d day of February, 1898, denying their motion to vacate an order of publication of the summons on the defendant Jesse 0. Yroman. The action is to foreclose a mortgage executed by Jesse 0. Yroman to the plaintiff.
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Appeal by the defendants, William W. Zelie and another, as executors, etc., of David Zelie, deceased, from an order of the Supreme Court, made at the Albany Special Term and entered in the office of the clerk of the county of Schoharie on the 23d day of February, 1898, denying their motion to vacate an order of publication of the summons on the defendant Jesse 0. Yroman. The action is to foreclose a mortgage executed by Jesse 0. Yroman to the plaintiff. Prior to its commencement the defendant. Daley had been appointed receiver of Yroman’s property and Yroman himself had absconded. Yroman is…
1Opinion of the Court
Parker, P. J.:
We are of the opinion that the equity of redemption will not be-effectually cut off in this action unless the mortgagor, Jesse 0. Yroman, is served with process and properly brought in as a defendant. The fact that James B. Daley was appointed a receiver of his. property before the commenceffient of this action and that he is made a defendant therein will not operate to foreclose such equity.
The title which such receiver took of YrOman’s property was a qualified one, in the nature of security merely. The equity of redemption is not vested so absolutely in him that if Yroman…
2Cases cited1 opinion
- Faneuil Hall National Bank v. BussingNew York Court of Appeals · 1895
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