King v. Duntz
New York Supreme Court
This action was brought by the plaintiffs, who are the widow and heirs at law of Andreas King deceased, for the redemption of mortgaged premises. On the 20th of September, 1841, Andreas King, together with his wife, executed a mortgage for $100 to one Silvernail, upon a piece of land which he then owned in Taghkanic, in the county of Columbia. He subsequently died,- and, after his death the mortgage was assigned to the defendant Christina. R. Duntz.
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This action was brought by the plaintiffs, who are the widow and heirs at law of Andreas King deceased, for the redemption of mortgaged premises. On the 20th of September, 1841, Andreas King, together with his wife, executed a mortgage for $100 to one Silvernail, upon a piece of land which he then owned in Taghkanic, in the county of Columbia. He subsequently died,- and, after his death the mortgage was assigned to the defendant Christina. R. Duntz. After she became the owner of the mortgage, the premises were sold under a statute foreclosure, and she became the purchaser. Ho copy of the…
1Opinion of the CourtHarris, J.
Under the revised statutes, as amended in 1844, there are three necessary prerequisites to a valid sale under a power contained in a mortgage. The notice of sale, the contents of which are prescribed, must be published for a. specified time in a specified newspaper. A copy of that notice must be affixed in a specified place, a certain period before the time of sale. And' then, a copy of the same notice must be served upon the mortgagor or his personal representatives, and upon certain other persons, also specified, at least fourteen days before the time of sale. The statute declares that “…
2Cited by13 opinions
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- Cole v. MoffittNew York Supreme Court · 1854
- Grandin v. EmmonsNorth Dakota Supreme Court · 1901
- Reilly v. PhillipsSouth Dakota Supreme Court · 1894
- Wetmore v. RobertsNew York Supreme Court · 1853
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