Getting v. Mohr

Barnard, ,P. J.:

Summary proceedings may be instituted to remove a personTwho holds over and continues in possession of real property after it has been sold by virtue of an execution against him, and a title under the sale has been perfected. (Code, § 2232.) The affidavit upon which the summons was issued was very full, setting forth not only *341the judgment under which the sale was made, but also the filing of a transcript in Suffolk county where the land was situated and where it was sold. The affidavit upon the return of the summons was a general denial. Upon the trial before the jury no proof…