Kellogg v. Dennis
New York County Courts
'On March 10, 1886, John Noon executed to Nicholas Greminger tiie real estate mortgage described in the complaint, covering lands situated in Madison county, to secure an indebtedness then due, which mortgage contained a covenant on the part of the mortgagor to pay such indebtedness. On January 28, 1889, the mortgagee assigned such mortgage to James Eoon, and on July 23, 1890, James Eoon assigned the same to Ann Eoon, the wife of the mortgagor.
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'On March 10, 1886, John Noon executed to Nicholas Greminger tiie real estate mortgage described in the complaint, covering lands situated in Madison county, to secure an indebtedness then due, which mortgage contained a covenant on the part of the mortgagor to pay such indebtedness. On January 28, 1889, the mortgagee assigned such mortgage to James Eoon, and on July 23, 1890, James Eoon assigned the same to Ann Eoon, the wife of the mortgagor. On September 5, 1890, Ann Eoon, as assignee, instituted proceedings under title 9 of chapter 17 of the Code of Civil Proceedure, for the foreclosure…
1Opinion of the CourtSmith, J.
By the answer interposed, it appears that the deed from John Noon to Annie Walsh was recorded in the clerk’s office of Madison county, on November 12, 1889; hence, it was on record when Ann Noon, as assignee of the mortgage in question, on September 5, 1890, instituted proceedings for its foreclosure; therefore, under section 2389 of the Code of Civil Procedure, notice of the sale should have been served upon the said Annie Wálsh, as a subsequent grantee of the property.
*86The section referred to provides that service of the notice of the sale must he made as follows: “ Upon the mortgagor, his…
2Cases cited14 opinions
- Robinson v. . RyanNew York Court of Appeals · 1862
- Jackson v. StackhouseNew York Supreme Court · 1823
- Johnson v. ThompsonMassachusetts Supreme Judicial Court · 1880
- Parkinson v. . ShermanNew York Court of Appeals · 1878
- Howard v. ChaseMassachusetts Supreme Judicial Court · 1870
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3Cited by2 opinions
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