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 defendants, entered upon a decision of the court on trial at Special Term. (Eeported below, J Hun, 380.) This was an action of ejectment to recover possession of premises situated in Sandy Hill, Washington county. It has been to this court once before, when it was heard and decided by the Commission of Appeals.
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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 defendants, entered upon a decision of the court on trial at Special Term. (Eeported below, J Hun, 380.) This was an action of ejectment to recover possession of premises situated in Sandy Hill, Washington county. It has been to this court once before, when it was heard and decided by the Commission of Appeals. (See mem. of decision, 65 N. Y., 581.) Plaintiffs claimed title under a statutory foreclosure by advertisement of a mortgage executed by defendant and wife to…
1Opinion of the CourtAndrews, J.
This action has been twice tried. On the first trial the plaintiff recovered, on proving title in Sanborn ; a mortgage from him to the Washington County Bank, July 7, 1856; its assignment to the Washington County Rational Bank; the affidavits in the foreclosure proceedings; a deed from the bank (the purchaser on the mortgage sale) to the plaintiff; and that the- defendant was in possession of the premises. The plaintiff upon this proof, maintained his right of action, provided the affidavits showed a compliance with the statute relating to the foreclosure of mortgages by advertisement. The…
2Cases cited5 opinions
- Brainard v. . JonesNew York Court of Appeals · 1858
- Butts v. CollinsCourt for the Trial of Impeachments and Correction of Errors · 1834
- Tuthill v. . TracyNew York Court of Appeals · 1865
- Hawley v. Bennett.New York Court of Chancery · 1835
- Jackson ex rel. Walsh v. ColdenNew York Supreme Court · 1825
3Cited by21 opinions
- State Bank v. FioravantiNew York Court of Appeals · 1980
- Suburban Rapid Transit Co. v. Mayor of New YorkNew York Court of Appeals · 1891
- Lewis v. . DuaneNew York Court of Appeals · 1894
- Marshall & Bruce Co. v. City of NashvilleTennessee Supreme Court · 1902
- Raymond v. GilmanSupreme Court of Connecticut · 1930
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