Stanly v. Freckleton
New York Supreme Court
Submission of controversy without action.
1Opinion of the CourtBarnard, P. J.
—The title to the property in question was in Samuel B. Wilmott. In April, 1855, Wilmott executed a mortgage thereon to Lawrence Seaman, Jr. The mortgage contained the power of sale. Isaac Willetts purchased the mortgage in March, • 1869. In April, 1869, Willetts commenced a foreclosure by advertisement under the Revised Statutes, 2 R. S., 545, as amended by chap. 346, Laws of 1844. Wilmott died in 1861, leaving a will and devising his lands to his executor to sell and distribute among the children of testator’s brother. One of the executors only qualified and he died in 1862, and no…
2Cases cited3 opinions
- King v. DuntzNew York Supreme Court · 1851
- Anderson v. AustinNew York Supreme Court · 1861
- Bond v. FinnNew York Supreme Court · 1889