Story v. Hamilton
New York Supreme Court
Appeal from a judgment in favor of the plaintiff, entered upon the report of a referee. The defendant having placed on record in the office of the county clerk an affidavit showing, as required by law, the circumstances of the sale is bound by it. He cannot be allowed to impeach or contradict it.
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Appeal from a judgment in favor of the plaintiff, entered upon the report of a referee. The defendant having placed on record in the office of the county clerk an affidavit showing, as required by law, the circumstances of the sale is bound by it. He cannot be allowed to impeach or contradict it. (Arnot v. McClure, 4 Denio, 41; Mowrey v. San-born, 11 Hun, 545; Warner v. Blackburn, 36 Barb., 516; Mowry v. Sanborn, 68 N. Y.; 162.) The power of sale contained in the mortgage authorized a foreclosure and sale to pay money secured by the mortgage and for no other purpose. The defendant had no…
1Opinion of the Court
Boardman, J. :
The defendant was the owner of a mortgage upon a small farm. There was another mortgage, a prior lien, upon said land. Defendant foreclosed his mortgage by advertisement under an ordinary notice of foreclosure. On the day of sale there was due upon defendant’s mortgage about $950. At the same date there was due and unpaid upon the prior mortgage about $1,384, and such prior mortgage was then being foreclosed. Prior to the sale under defendant’s foreclosure (which occurred May 31, 1876), the attorney for the defendant, who acted as auctioneer, read aloud *135to tile bystanders the…
2Cases cited1 opinion
- Mowry v. . SanbornNew York Court of Appeals · 1878