Ritter v. Cost

Howk, J. —

The issues joined in this cause were tried by the court, at special term, and at the request of the appellant, the plaintiff below, the court made a special finding of facts and .stated its conclusions of law thereon, in substance, as follows:

*81“ On the 6th day of May, 1872, one Solomon P. Stern was the owner in fee simple of the property hereinafter described, he’ having before that time purchased the same of Julian and Johnson, and executed to them, to secure the purchase-money therefor, certain notes secured by mortgage, upon which there was then due $1,400. On the date last above…