State ex rel. Dewey v. Burdick
New York Supreme Court
Appeal from. Onondaga county court. Summary proceedings to recover possession of land, brought by the state of Hew York, by Franklin H. Dewey and George Edinger, against George K. Burdick and Abigail Burdick, his wife. On March 17, 1879, defendants executed a mortgage covering real estate therein described to “the commissioners for loaning certain money of the United States of the county of Onondaga,” for the consideration of $1,000, interest payable annually.
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Appeal from. Onondaga county court. Summary proceedings to recover possession of land, brought by the state of Hew York, by Franklin H. Dewey and George Edinger, against George K. Burdick and Abigail Burdick, his wife. On March 17, 1879, defendants executed a mortgage covering real estate therein described to “the commissioners for loaning certain money of the United States of the county of Onondaga,” for the consideration of $1,000, interest payable annually. A proceeding for the foreclosure of the mortgage by advertisement was had. Hotice of foreclosure was given “pursuant to an act…
1Opinion of the CourtHardin, P.J.
1. In the petition it is averred that Dewey and Edinger “ were duly elected loan commissioners in and for the said county of Onondaga, and duly qualified and entered upon their duties as such officers. ” They assumed to make the petition “as loan commissioners in and for the county of Onondaga. ” After describing the premises by metes and bounds, the petition avers in respect thereto—in respect to said premises, viz.: “Being the same premises conveyed to the commissioners of said fund for Onondaga county by said mortgage. ” Section 5, c. 150, Laws 1837, (1 Rev. St. 7th Ed. 511,) provides as…
2Cases cited2 opinions
- Pell v. . UlmarNew York Court of Appeals · 1858
- People Ex Rel. Sheridan v. . AndrewsNew York Court of Appeals · 1873
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