Burchell v. . Osborne
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial department, made March 4, 1889, which reversed an order of Special Term confirming the report of a referee in surplus money proceedings. The nature of the appeal and the material facts are stated iii the opinion.
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Appeal from order of the General Term of the Supreme Court in the first judicial department, made March 4, 1889, which reversed an order of Special Term confirming the report of a referee in surplus money proceedings. The nature of the appeal and the material facts are stated iii the opinion. Where land is sold under a judgment and the surplus moneys are brought into court, creditors having liens upon the land, subsequent to the judgment, have the same liens upon the surplus moneys which they had upon the land previous to the sale. (Averill v. Louoks, 6 Barb. 470; Purdy v. Doyle, 1 Paige,…
1Opinion of the CourtGray, J.
The appellants are interested in the disposition of some surplus moneys, arising upon a sale under a decree in foreclosure in this action.
The question is, whether the General Term, in reversing an order foi distribution made at Special Term, and in directing distribution according to the priorities of the various junior mortgages in point of date as liens, have violated those equitable principles by which these matters are guided to the justest result. I am inclined to hold that the opinion of the General Term states correctly the general rule for the determination of the equities of junior…
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