Gruner v. Ruffner
New York County Court, Erie County
Action by Elizabeth Gruner against Ernest L. Ruffner and others. Motion by a defendant to set aside a sale made in foreclosure proceedings and all the proceedings subsequent to the death of another party defendant.
1Opinion of the CourtTaylor, J.
This action is brought to foreclose a mortgage upon real property. One of the defendants originally named was Jennie H. Ruffner. After her appearance in the action and before Judg*875ment she died, being the owner of the equity of redemption. Prior to judgment the plaintiff made a motion, reciting the proper facts, for the substitution of the infant children of said Jennie H. Ruffner, to wit, Ernest L., Gretchen, and Clark Ruffner, in her place and stead, and for the amendment of the summons and complaint and all papers in accordance therewith, and that the action proceed with such substitution.…
2Cases cited8 opinions
- Drury v. ClarkNew York Supreme Court · 1857
- Gotendorf v. . GoldschmidtNew York Court of Appeals · 1880
- Rogers v. . McLeanNew York Court of Appeals · 1866
- Varian v. StevensThe Superior Court of New York City · 1853
- Platt v. FinckAppellate Division of the Supreme Court of the State of New York · 1901
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