Hyperlawhypertext legal database Lyons National Bank v. Shuler 115 N.Y.S. 1129

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Lyons National Bank v. Shuler

115 N.Y.S. 1129 Court N.Y. App. Div. Decision date 1909-03-17 English

Decision Majority — PER CURIAM. · Dissent — McLennan, P. J., and WILLIAMS, J.,

Contents
p. 1129
LYONS NAT. BANK, Appellant, v. SHULER et al., Respondents.
(Supreme Court, Appellate Division, Fourth Department.
March 17, 1909.)

Headnote

Action by the Lyons National Bank against George H. Shuler and others.

Judgment affirmed, with cost.

dissent, 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, and that their equities were prior to those of the _equitable lienors. See, also, 115 App. Div. 859 , 101 N. Y. Supp. 62 .