1 Barb. Ch. 546
Decided May 8, 1846
New York Court of Chancery · decided 1846-05-08
The bill in this case was filed to foreclose a mortgage; and the defendant Packard had a lien upon the premises as a purchaser at a tax sale, the time for redemption not having yet expired ; which lien overreached, and was entitled to priority over, the complainant’s mortgage.
Decided 1846-05-08
¶1said that where a prior incumbrancer was made a defendant, in a foreclosure suit, he was entitled to his costs of appearing to protect his rights : and that the necessary costs incurred by him for that purpose should be first paid out of the proceeds of the sale of the mortgaged premises.
¶2Decree accordingly.