Hyperlawhypertext legal database Burkard v. City of Brooklyn 58 N.Y. St. Rep. 302

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Burkard v. City of Brooklyn

58 N.Y. St. Rep. 302 Court Brooklyn City Ct. Decision date 1894-01-22 English

Delivered by Yan Wyok, J.

Contents

Majority

p. 302
Kate Burkard, Resp’t, v. City of Brooklyn, App’lt.
(Brooklyn City Court, General Term,
Filed January 22, 1894.)

Headnote

Eminent domain—Rights of mortgagee.
A purchase under the foreclosure of a mortgage, before the enactment of chap. 559, laws of 1871, operates as an assignment of ai award for portion of the lots subsequently taken for the widening of the'adjacent street.
Appeal from a,judgment in favor of the plaintiff.
Almet F. Jenks, for app’lt; Wager d? Acker, for resp’t.

Plaintiff sues to recover an award made for land taken in widening North Second street in this city, under an act passed April 19, 1871, (Laws 1871, c. 559.) From a judgment in favor of plaintiff this appeal is taken. The plaintiff’s right to the award rests upon a mortgage made by the owner of the land so taken, prior to the passage of the act, and foreclosed, and the property sold thereafter. That this operated as an assignment of the award to such purchaser has already been decided by this court. Delap v. City of Brooklyn, 3 Misc. Rep. 22 ; 51 St. Rep. 128 ; Englehardt v. City of Brooklyn, 3 Misc. Rep. 30 ; 50 St. Rep. 572 . The trial court completely protects the defendant from ' subsequent mortgages to the one through which plaintiff claims title by enjoining the execution of the judgment until they shall be properly satisfied of record. Judgment must be affirmed,, with costs.

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