New York Court of Appeals June 5, 1867 (Cazet v. . Hubbell)

Porter, J.

The Appellant acquired his title to the mortgaged premises under a judgment which directed that the surplus moneys should be paid into court. He took the benefit of the purchase, but by a secret and collusive arrangement with the sheriff' he retained the surplus, amounting to $6,362.55, with interest from the 14th of July, 1849.