Opinion by Baenabd, P. J.
Present—Baenabd, P. J., Tappen and Donohue, JJ.
Judgment reversed, and new trial granted at Special Term, costs to abide the event.
10 N.Y. Sup. Ct. 609
JOHN A. NICHOLS, Respondent, v. THOMAS IREMONGER, GEORGE IREMONGER and WILLIAM IREMONGER, Impleaded with CHARLES A. HILL and others, Appellants.
Purchasers under execution sale—•defense by, to prior incumtyrances.
Purchasers under an execution sale may set up any defense to a lien prior to that under which the execution sale was had.
Appeal from a judgment of foreclosure and sale, entered on the report of a referee in favor of the plaintiff.
The action was brought to foreclose a mortgage on premises sold on an execution sale, to the defendant, Iremonger, under a judgment subsequent to such mortgage.
Jolm H. Bergen and Phili/p Reilly, for the appellants.
BL. W. Johnson, for the respondent.
Nichols v. Iremonger
10 N.Y. Sup. Ct. 609
Case Details
10 N.Y. Sup. Ct. 609
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