Stanton v. . Kline
New York Court of Appeals
Action to recover the possession of real estate situate in the city of Syracuse. The cause was tried before a referee. The plaintiff claimed title under and by virtue of a sale and purchase of the premises, upon the foreclosure by advertisement pursuant to the statute of a mortgage upon the same executed by John B. Kline. The defendants were grantees from Kline, the mortgagor, subsequent to the mortgage and before its foreclosure, of the premises.
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Action to recover the possession of real estate situate in the city of Syracuse. The cause was tried before a referee. The plaintiff claimed title under and by virtue of a sale and purchase of the premises, upon the foreclosure by advertisement pursuant to the statute of a mortgage upon the same executed by John B. Kline. The defendants were grantees from Kline, the mortgagor, subsequent to the mortgage and before its foreclosure, of the premises. When the mortgage was foreclosed the owner of it and the defendants resided in Syracuse. On the trial the plaintiff offered in evidence an…
1Opinion of the Court
Gardiner, Ch. J.
There was but one exception taken before the referee, or discussed by the supreme court in the opinion before us. This exception was to the decision of the referee rejecting the affidavit of the service of notice of the foreclosure and sale of the mortgaged premises, upon the ground that the notices were served by a deposit in the post office at Syracuse, where the defendants, or the parties to be affected by them resided. The objection was specific, and sustained for the reason assigned, and for no other. The question therefore presented involves merely the construction to be…
2Cited by1 opinion
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