Daly v. Benson

Application by plaintiff for leave to reargue a motion for judgment on the pleadings granted.

Plaintiff brought this action to cancel and discharge of record a purchase-money mortgage executed by him in 1929, claim*1048ing that no interest has been paid thereon since 1932 and that it is therefore barred by the Statute of Limitations. (Civ. Prac. Act, § 47-a.) Plaintiff acquired this property from the defendants at a proceeding to sell infants’ property. The present whereabouts of the defendants are unknown. They were served by publication, but did not appear herein. Since it was possible that they…