Frink v. Thompson
New York Supreme Court
The plaintiff had a verdict at the Cortland Circuit in January, 1869, for the recovery of the possession of over 300 acres of land, situated in Cortland county, with $400 damages. Judgment was rendered against the defendants on the verdict, with costs. The defendants made a case, containing exceptions, which constituted a part of the judgment roll in the action. The defendants appealed from the judgment to the General Term of this court.
1Opinion of the Court
By the Court
Balcom, P. J.
The plaintiff’s title to the land in dispute depended on the validity of his foreclosure of a mortgage on the same, by advertisement, under 'the statutes “ of the foreclosure of mortgages by advertisement.” (2 R. S., 545.) The .affidavits of the publication and posting of the notice of sale, of its service, and of the circumstances of such sale, &c., were all made and recorded; but no revenue stamps or stamp was upon the affidavits. The plaintiff proved that the omission to have revenue stamps put upon the affidavits was unintentional, and without any intention to…
2Cases cited2 opinions
- Tuthill v. . TracyNew York Court of Appeals · 1865
- Howard v. HatchNew York Supreme Court · 1859