Odell v. Buck

—Appeal by defendant from an order of the Supreme Court at Special Term entered in Cortland County, which denied a motion to dismiss the complaint as insufficient. Plaintiffs were purchasers at a mortgage foreclosure sale of premises previously conveyed by the mortgagors to defendant, subject to the mortgage. The first cause of action of the complaint alleges that while the mortgage lien was in existence, defendant removed from the premises and converted to his own use certain heating and plumbing fixtures which had been affixed to the realty. The second cause of action alleges damage to…