Lewis v. Duane
New York Supreme Court
Appeal from judgment on report of referee. Action originally brought by Frederick A. Lewis and Maria A. Lewis against Virginia M. Drake and Julia E. Drake, as the heirs, legatees, devisees, and representatives of Patrick H. Drake and Jane E. Drake, his wife. Defendant Virginia M. Drake died before the trial. During the trial, Frederick A. Lewis died, and the action was continued in the name of Maria A. Lewis, as sole plaintiff.
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Appeal from judgment on report of referee. Action originally brought by Frederick A. Lewis and Maria A. Lewis against Virginia M. Drake and Julia E. Drake, as the heirs, legatees, devisees, and representatives of Patrick H. Drake and Jane E. Drake, his wife. Defendant Virginia M. Drake died before the trial. During the trial, Frederick A. Lewis died, and the action was continued in the name of Maria A. Lewis, as sole plaintiff. From a judgment for defendant, plaintiff appeals. The action was brought for an accounting, and to redeem certain lands formerly owned by Frederick Lewis, and which…
1Opinion of the CourtHardin, P. J.
Plaintiff insists “that the statutory foreclosure was inoperative, and the plaintiff has the right to redeem.” In Jencks v. Alexander, 11 Paige, 626, it was said, viz.:
“But a mere mistake in computing the amount due at the time of the first publication of the notice does not, of itself, furnish any sufficient ground for setting aside the sale under the statute. The direction in the statute that the notice of sale shall contain a statement of the amount claimed to be due upon the mortgage was undoubtedly for the purpose of apprising the owners of the equity of redemption of the extent of the…
2Cases cited24 opinions
- White v. . MillerNew York Court of Appeals · 1877
- Anderson v. Rome, Watertown & Ogdensburgh RailroadNew York Court of Appeals · 1873
- Slee v. President & Directors of the Manhattan Co.New York Court of Chancery · 1828
- Williams v. . TownsendNew York Court of Appeals · 1865
- Bunce v. ReedNew York Supreme Court · 1853
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3Cited by1 opinion
- McKechnie v. McKechnieAppellate Division of the Supreme Court of the State of New York · 1896