Citation Numbers: 34 N.Y.S. 341, 95 N.Y. Sup. Ct. 617, 68 N.Y. St. Rep. 266
Judges: Brown
Filed Date: 6/14/1895
Status: Precedential
Modified Date: 1/13/2023
This is an appeal from an order resettling a decree of foreclosure. McHugh had a mechanic’s lien upon the mortgaged premises, which attached after $10,500 had been advanced on plaintiff’s mortgage. After the lien was filed, other advances were made on the mortgage, up to $15,000. The court decided that McHugh’s lien and his costs must be paid after the plaintiff was paid $10,500 and his costs. By inadvertence, he gave an allowance