Cole v. Moffitt
New York Supreme Court
THIS action was brought to recover the possession of certain real estate situate in the town of Stephentown, in the county of Rensselaer. It was tried at the Rensselaer circuit, in February, 185B, before Mr. Justice Parker. The plaintiff claimed title to the premises under a statute foreclosure of a mortgage executed by Israel A. Adams.
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THIS action was brought to recover the possession of certain real estate situate in the town of Stephentown, in the county of Rensselaer. It was tried at the Rensselaer circuit, in February, 185B, before Mr. Justice Parker. The plaintiff claimed title to the premises under a statute foreclosure of a mortgage executed by Israel A. Adams. Subsequent to the execution of the mortgage, Adams had conveyed the premises to Ralph Moffitt, whose interest had been sold under a judgment against him and purchased by the defendant. The plaintiff gave in evidence a notice of sale, in the usual form, stating…
1Opinion of the Court
By the Court, Harris, J.
The original notice of sale was entirely ineffectual for any purpose connected with the foreclosT ure. It may be, that the republication of the notice with the several notices of postponement, for twelve weeks preceding the day of sale, would be a sufficient compliance with the requirement of the statute. I am inclined to think it would. Disregarding all that had been done prior to the 24th of December, and regarding the notice, as it was then published, as the commencement of the proceedings, I think enough may be found in that notice, however awkward and unseemly it…
2Cases cited3 opinions
- Slyke v. SheldenNew York Supreme Court · 1850
- Fosgate v. Herkimer Manufacturing & Hydraulic Co.New York Supreme Court · 1852
- King v. DuntzNew York Supreme Court · 1851
3Cited by9 opinions
- Everett v. BuchananSupreme Court Of The Territory Of Dakota · 1880
- Jefferson v. . BangsNew York Court of Appeals · 1909
- Grandin v. EmmonsNorth Dakota Supreme Court · 1901
- Reilly v. PhillipsSouth Dakota Supreme Court · 1894
- Kellogg v. Dennis, New York County Courts1902
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