New York Court of Appeals

In the Matter of the Application of the City of Rochester to Acquire Certain Water Rights.

November 29, 1892136 N.Y. 83

Summary

The Court affirmed the lower court's order, holding that a judgment in rem does not bar the court from reopening a default to hear a new party, that the stipulation transferring the fund to Hamilton did not remove the fund from the court's jurisdiction, that title to the fund did not pass to foreclosure purchasers, and that Holden's mortgage was valid and not barred by estoppel.