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Lyons National Bank v. Shuler

131 A.D. 926 Court N.Y. App. Div. English

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p. 926
The Lyons National Bank, Appellant, v. George H. Shuler, Individually and as Executor of and Trustee under the will of Magdalena Shuler, Deceased, and Others, Respondents, Impleaded with Dorothea Frank and Others, Appellants.

Judgment affirmed, with costs. All concurred, except McLennan, P. J., and Williams, J., who dissented, upon the ground that the judgment ought to have provided that out of the proceeds of the sale the owners of the property should first have the right to receive the value of their property when the improvements were commenced; that their equities were prior to those of the equitable lienors.