Mayer v. Salisbury

Court: New York Court of Chancery
Date filed: 1846-05-08
Citations: 1 Barb. Ch. 546
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Lead Opinion
The Chancellor

said that where a prior incumbrancer was made a defendant, in a foreclosure suit, he was entitled to his costs of appearing to protect his rights : and that the necessary costs incurred by him for that purpose should be first paid out of the proceeds of the sale of the mortgaged premises.

Decree accordingly.