Bunce v. Reed
New York Supreme Court
Ejectment, tried at the Essex circuit in July, 1853, before Mr. Justice Hand. On the 4th of July, 1848, the defendant gave to J. H. Boyd, a bond with a condition to pay $400 in seven years from date, with annual interest; and a mortgage upon the premises in question to secure the same; with a power of sale in case of default in the payment of the principal or any part thereof, or of the interest or any part thereof, rendering the surplus after deducting what might be then…
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Ejectment, tried at the Essex circuit in July, 1853, before Mr. Justice Hand. On the 4th of July, 1848, the defendant gave to J. H. Boyd, a bond with a condition to pay $400 in seven years from date, with annual interest; and a mortgage upon the premises in question to secure the same; with a power of sale in case of default in the payment of the principal or any part thereof, or of the interest or any part thereof, rendering the surplus after deducting what might be then due and costs. On the trial, the plaintiff gave in evidence a notice of sale dated December 7th, 1850, stating that there…
1Opinion of the CourtHand, J.
The affidavit of affixing the notice was sufficient. The statute makes the court house, the “ building where the county courts are directed to be held” in the county of Essex. (2 R. S. 215, § 21. Laws of 1842, ch. 277, § 5.) And it was done in time. In the computation, one day is excluded and the other included. (Columbia Turnpike Road v. Haywood,, 10 Wend. 422. Commercial Bank of Oswego v. Ives, 2 Hill, 355, and cases there cited. Westgate v. Handlin, 7 How. Pr. R. 372, and cases there cited. And see Code, §§ 407, 425.) The statute requires it to be affixed twelve weeks “ prior to the time…
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