Towsley v. McDonald
New York Supreme Court
THIS action was brought for the recovery of real property. The premises in controversy were conveyed to George T. Benham, May 7, 1853. In 1855, Benham contracted with the defendant to convey to him the premises, on being paid $160, and the defendant went into possession under this contract.
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THIS action was brought for the recovery of real property. The premises in controversy were conveyed to George T. Benham, May 7, 1853. In 1855, Benham contracted with the defendant to convey to him the premises, on being paid $160, and the defendant went into possession under this contract. About January 1, 1856, Benham absconded, leaving the defendant in possession under the contract of purchase, on which he had paid only the sum of $43.97. In January, 1856, the plaintiff commenced an action against Benham, in the supreme court, by the issuing of a summons which the sheriff returned, with…
1Opinion of the Court
*607 By the Court,
Bockes, J.
It is objected that the judgment against Benham was void for want of jurisdiction. The objection is based on the alleged insufficiency of the affidavit on which the order for publication of the summons was granted—and on the omission in the order to direct a copy of the summons and complaint to be deposited in the post office, directed to the person to be served, at his place of residence.
Section 135 of the code of procedure provides for the service of a summons by publication, when it shall be made to appear, by affidavit, to the satisfaction of the court or officer,…
2Cases cited2 opinions
- Keirsted v. AveryNew York Court of Chancery · 1832
- Ells v. TousleyNew York Court of Chancery · 1828
3Cited by7 opinions
- Forbes v. HydeCalifornia Supreme Court · 1866
- Beckett v. CueninSupreme Court of Colorado · 1890
- Head v. WollnerNew York Supreme Court · 1889
- Flanders v. ThompsonU.S. Circuit Court for the District of Louisiana · 1876
- Carter v. YoungsThe Superior Court of New York City · 1877
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