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39 How. Pr. 287

Lillie v. Sherman

New York Supreme Court

Decided March 15, 1870

New York Supreme Court · decided 1870-03-15

Action brought to foreclose a mortgage executed in 1860. A decree of foreclosure was made in January, 1870, directing a sale of the premises by the sheriff of W^tyne county, and the payment to the plaintiff, from the avjails, of $3,555 92, and .costs. s Pending the notice of sale on such decree, the plaititiff made a motion to amend the decree by directing payment to the plaintiff in gold or its equivalent. The second mortgagee opposed the motion.

Cited by 1 later decisions — most recently May 1881

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1870-03-15

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Dwight, J.

¶1I think the motion must be denied. The judgment adjudicated that there was due to the plaintiff the sum of—— dollars, and directs that amount to be paid to her from the proceeds of the sale. There is no ambiguity in the terms of the decree. The term dollars” there used, meant only dollars in the present legal tender currency of the United States. If upon the facts of the case, the plaintiff was entitled to a greater sum, or to payment in a currency of a greater value, the error in the decree was a judicial one, and cannot be corrected on motion. (Hotaling agt. Marsh, 14 Abb., 161; Clark agt. Hall, 7 Paige, 38.2; N. Y. Ice Co. agt. N. W. Ins. Co., 32 Barb., 534; Barnard agt. Bruee, 21 How., 360.)

¶2Motion denied with $10 costs.

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