Railroad Federal Savings & Loan Ass'n v. Wolchyk

This submitted controversy requires determination of the question whether plaintiff has a good and marketable title to premises No. 1963 Hobart avenue, Bronx.

On June 13, 1934, plaintiff’s predecessor, The Railroad Co-Operative Building and Loan Association, as mortgagee, commenced an action in the Supreme Court, Bronx county, to foreclose an $18,000 mortgage on the said premises made July 14, 1927, by the then owners. At the foreclosure sale on December 31, 1934, said mortgagee bought in the premises and received a referee’s deed.

On March 4, 1937, plaintiff contracted with defendant to sell…