Deutsch v. Haab
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Henry Haab, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Suffolk on the 29th day of January, 1909, upon the decision of the court rendered after a trial at-the Suffolk Special Term, and also (as stated.in the notice of appeal) from an order denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Thomas, J.:
This is an action of ejectment. In 1892 Eli Bennett conveyed with covenant of warranty to Deutsch, plaintiff, the land in suit, and the latter gave Bennett a purchase-money mortgage. Haab, defendant, is in possession as vendee, and claims under an attempted sale on foreclosure of such mortgage by advertisement made, as claimed, by Bennett’s administratrix on May 5, 1894. The deed accepted by the defendant recognized the conveyance by Bennett to Deutsch, and is sufficient evidence of Bennett’s right to convey. The affidavits of sale and of service óf notice thereof on the mortgagor…
2Cases cited4 opinions
- Howell v. . LeavittNew York Court of Appeals · 1884
- Townshend v. . ThomsonNew York Court of Appeals · 1893
- Weir v. BirdsallAppellate Division of the Supreme Court of the State of New York · 1898
- Mowry v. . SanbornNew York Court of Appeals · 1878
3Cited by5 opinions
- Herrmann v. . Cabinet Land Co.New York Court of Appeals · 1916
- Ketcham v. . DeutschNew York Court of Appeals · 1914
- Herrmann v. Cabinet Land Co.Appellate Division of the Supreme Court of the State of New York · 1914
- Ketcham v. DeutschAppellate Division of the Supreme Court of the State of New York · 1912
- Reich v. . CochranNew York Court of Appeals · 1915