Lowerre v. Owens

O’Brien, J.:

The defendant assails the validity of the title to the premises involved in this controversy upon the ground that in an action brought to foreclose a mortgage, in which action the premises were sold, and thereafter by mesne conveyance came to the plaintiff, an order of publication made therein was void in that it was based upon an insufficient affidavit and was made by the court, instead of being made, as required by the Code, by a judge. The affidavit was sufficient to'confer jurisdiction upon the justice to decide that proper and diligent effort had been made to serve the…