George v. Arthur
New York Supreme Court
The appeal in the first action, is from an order denying a new trial in an action of trespass, commenced in a justice’s court, and removed to this court on a plea of title, etc. The appeal in the second entitled action, is from a judgment entered at the circuit, in an action of ejectment, and from an order denying a new trial.
1Opinion of the Court
E. D. Smith, J.:
The appeals in these two cases both present and depend upon the same question. It is, whether the foreclosure of the mortgage, mentioned in the pleadings and case, was valid or otherwise.
The question arises upon the affidavit of service of the notices of sale of the mortgaged premises. It appeared on the trial, that the mortgage in question was executed by William George and wife prior to April, 1869; that said George died in February, 1870, and that proceedings to foreclose the mortgage, which was past due, were commenced in March 1873, by advertisement.
Ho question was made…
2Cases cited1 opinion
- Howard v. HatchNew York Supreme Court · 1859