George v. Arthur
New York Supreme Court
Appeal from a judgment in favor of defendant in an action tried by the court without a jury and from an order denying a new trial. The action was brought by Oren S. George against Alfred Arthur for trespass upon certain premises formerly owned by plaintiff. The action was originally brought in a justices’ court, but upon an answer of title removed into the supreme court.
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Appeal from a judgment in favor of defendant in an action tried by the court without a jury and from an order denying a new trial. The action was brought by Oren S. George against Alfred Arthur for trespass upon certain premises formerly owned by plaintiff. The action was originally brought in a justices’ court, but upon an answer of title removed into the supreme court. The defendant claimed title under a sale of the premises made upon the foreclosure of a mortgage made in pursuance of the statute. At the same time with the appeal in this case was argued one in an action of ejectment brought…
1Opinion of the Court
E. Darwin" Smith, J.
The appeals in these two cases both present and depend upon the same question. It is whether the foreclosure of the mortgage mentioned in the pleadings and case was valid or otherwise. The question arises upon the affidavit of service of notices of sale of mortgaged premises.
It appeared on the trial that the mortgage in question was executed by. William George and wife prior to April, 1869; that said George died in February, 1870, and that proceedings .to foreclose the mortgage, which was past due, were commenced in March, 1873, by advertisement. Ho question was made as to…
2Cases cited1 opinion
- Howard v. HatchNew York Supreme Court · 1859