Mowry v. . Sanborn
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, affirming a judgment in favor of defendant, entered upon a nonsuit on trial. (Reported below, 11 Hun, 545.) This was an action of ejectment to recover certain premises situate in the county of Washington. It has been twice before to this court.
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Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, affirming a judgment in favor of defendant, entered upon a nonsuit on trial. (Reported below, 11 Hun, 545.) This was an action of ejectment to recover certain premises situate in the county of Washington. It has been twice before to this court. A memorandum of the decision upon the first appeal will be found in 65 Nevr York, 581: the case upon the second appeal is reported in 68 New York, 153. Plaintiffs claimed title under a foreclosure, by advertisement, of a mortgage upon the premises in…
1Opinion of the CourtAllen, J.
The plaintiffs sue for the recovery of the pos.session of certain premises in Washington county, claiming title by deed from The Washington County National Bank of Greenwich. The title of the bank is as purchaser at a foreclosure sale under the statute, pursuant to the power contained in a mortgage from the present defendant to the bank. The defendant has hitherto been successful in defending the action for alleged defects in the formal proofs of the foreclosure proceedings and sale — that is, upon objections to the proof of the title of the bank under such sale.
The cause has been twice…
2Cited by4 opinions
- Ottow v. FrieseNorth Dakota Supreme Court · 1910
- Deutsch v. HaabAppellate Division of the Supreme Court of the State of New York · 1909
- Story v. . HamiltonNew York Court of Appeals · 1881
- Story v. HamiltonNew York Supreme Court · 1880