Appellate Division of the Supreme Court of the State of New York November 13, 1908 (State Bank v. Wilchinsky)

Ingraham, J.:

This action was to foreclose a second mortgage on certain real property in the city' of Hew York. Judgment of foreclosure and sale was entered and on May 27, 1908, the referee named in that judgment sold the mortgaged- premises subject to certain prior mortgages which were described in the notice of sale, and subject also to the costs, disbursements and allowances, if any, in an