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Parckard v. Lyon

134 N.Y.S. 1141 Court N.Y. App. Div. Decision date 1912-03-26 English

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p. 1141
PARCKARD, Respondent, v. LYON et al., Appellants.
(Supreme Court, Appellate Division, Third Department.
March 26, 1912.)

Headnote

Action by Nathan Parckard, substituted as plaintiff for the Ulster County Savings Institution, against Anna E. Lyon and another.

Order reversed, and matter remitted to the Special Term, to inquire whether Anna E. Lyon has been discharged from personal liability upon the bonds or other obligations secured by the mortgages upon the lands in question. If it shall be found that she has been discharged in bankruptcy from such obligations, or if releases from all liability thereupon, including the deficiency judgment herein, be tendered her, and, if tender thereof be declined, the same deposited with the county clerk of Ulster county for her benefit, and proof thereof made to the Special Term, the Special Term is directed to deny the motion; otherwise, to grant the motion for resale herein. No costs.