Weir v. Birdsall
Appellate Division of the Supreme Court of the State of New York
Appeal from Broome county court. Proceeding by Samuel J. Weir against Wilbert S. Birdsall and others. From an order awarding petitioner the possession of certain real estate, defendant Birdsall appeals. Reversed.
1Opinion of the CourtMerwin, J.
The order appealed from in this case was made in a summary proceeding instituted to obtain possession of real property upon the foreclosure of a mortgage by advertisement. Code Civ. Proc. § 2232. On February 1, 1897, Wilbert S. Birdsall executed and delivered to John P. Wheeler and Samuel J. Weir a bond and mortgage *276dated that day, as security, as stated therein, for the payment of four notes,—one of $800, of same date as the bond and mortgage; two of $350 each, dated December 18, 1896, due in two and four months, respectively; and one of $150, dated December 18, 1896, and due in three…
2Cases cited7 opinions
- National Bank v. WhitneySupreme Court of the United States · 1881
- Mowry v. . SanbornNew York Court of Appeals · 1877
- Mechanics' Bank v. Bank of NiagaraNew York Supreme Court · 1832
- Cohoes Co. v. GossNew York Supreme Court · 1852
- Foley v. RoseMassachusetts Supreme Judicial Court · 1878
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3Cited by3 opinions
- Oades v. Standard Sayings & Loan AssnMichigan Supreme Court · 1932
- Peterson v. JacobsMichigan Supreme Court · 1942
- Guardian Depositors Corp. v. KellerMichigan Supreme Court · 1938