Weir v. Birdsall
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Wilbert S. Birdsall, from a final order of the county judge of Broome county, entered in the office of the clerk of the county of Broome on the 21st day of October, 1897, awarding to the plaintiff the delivery of the. possession of certain real estate.
1Opinion of the Court
Merwin, J.:
The order appealed from in' this case was made in a summary proceeding instituted to obtain possession of real property upon . the foreclosure of a mortgage by advertisement. (§ 2232 of the Code.)
On February 1, 1897, Wilbert S. Birdsall executed and delivered to John P. Wheeler and • Samuel J. Weir a bond and mortgage ■dated that day as security, as stated therein, for the payment of four notes, one of $800 of same date as the bond and mortgage, two of $350, each dated December 18, 1896, due in two and four months respectively, and one of $150, dated December 18, 1896, and due in…
2Cases cited8 opinions
- National Bank v. WhitneySupreme Court of the United States · 1881
- Slee v. President & Directors of the Manhattan Co.New York Court of Chancery · 1828
- Mowry v. . SanbornNew York Court of Appeals · 1877
- Mechanics' Bank v. Bank of NiagaraNew York Supreme Court · 1832
- Slyke v. SheldenNew York Supreme Court · 1850
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3Cited by6 opinions
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- Wehrum v. WehrumAppellate Division of the Supreme Court of the State of New York · 1917
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