New York Baptist Union for Ministerial Education v. Atwell

This is ejectment. Plaintiff claimed title by virtue of a decree and sale under certain proceedings to foreclose a mortgage • which • had been given to it. The court below directed a verdict for defendant.

The judgment must be affirmed for two reasons:

First. Defendants in the foreclosure proceedings were attempted to be brought in by publication, on the ground of non-residence. The affidavit was made on the lo'th of the month, and was not filed until the 20th, and an order of publication was made on the latter date. An order of publication must be based upon facts existing at the time the…