Stanton v. Kline
New York Supreme Court
This was an appeal by the plaintiff from a judgment rendered at a special term, in favor of the defendants, upon the report of á referee. The action was brought to recover possession of a lot of land in Syracuse. The facts necessary to be known are, stated in the opinion of the court,
1Opinion of the Court
By the Court, Gridley, J.
The plaintiff claims title to the premises in question in this suit, as the purchaser at a mortgage sale, under a statute foreclosure, on the 14th day of January, 1849. The mortgage bears date on the 18th day of December, 1848, and was executed to J. L. Bagg, for a part of the purchase price of the premises, and was the oldest lien upon them. The plaintiff declined to take judgment against John B. Kline, provided the objections taken to the maintenance of the action against the defendants were held to be sufficient to defeat the suit. The referee so held, and judgment…
2Cases cited2 opinions
- Ireland v. KipNew York Supreme Court · 1813
- Slyke v. SheldenNew York Supreme Court · 1850
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