Root v. Wheeler
New York Supreme Court
Trial by the court. This action was tried before Justice Balcom, at a special term, of the court, in Delaware county, commencing on the 28th day of May, 1861, when the following facts were proved or conceded : Jonas H. Bixby and wife gave Arad Stowell and another a mortgage on certain lands in the town of Tompkins, Delaware county, dated the 5th day of November, 1855, which was duly recorded in the office of the clerk of Delaware county the 15th day of November aforesaid.
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Trial by the court. This action was tried before Justice Balcom, at a special term, of the court, in Delaware county, commencing on the 28th day of May, 1861, when the following facts were proved or conceded : Jonas H. Bixby and wife gave Arad Stowell and another a mortgage on certain lands in the town of Tompkins, Delaware county, dated the 5th day of November, 1855, which was duly recorded in the office of the clerk of Delaware county the 15th day of November aforesaid. The mortgage and bond that accompanied it, were given to secure the payment to said Stowell and another of $530, and…
1Opinion of the CourtBalcom, J.
—After examining the statutes, “ Of the foreclosure of mortgages by advertisement” (2 Rev. Stat., 545), the acts amending the same (Laws of 1844, p. 529; Laws of 1847, p. 667; 3 Rev. Stat., 5 ed., 859), the decisions cited by counsel, and others, I have come to the following conclusions:—1. The foreclosure of the mortgage and the purchase of the-premises by the plaintiff barred all claim or equity of redemption of the mortgagors, and of all persons who had liens upon the premises subsequent to the mortgage, that were duly served with notice of the sale as required by law. (Laws of 1844, p.…
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- Slyke v. SheldenNew York Supreme Court · 1850
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