Tate v. Lapen

Rich, J.:

The parties on July 14, 1924, entered into a contract for the sale of premises known as No. 2349 Alden avenue in the borough of Queens. Plaintiff’s title to the premises in question is derived by mesne conveyances from the purchaser in a foreclosure action affecting a parcel of land of some six acres, of which the plaintiff’s property was a part. Defendant at the closing of title rejected the plaintiff’s title on the following grounds:

“ First. Insufficiency of the affidavit upon which order of publication was granted in that it did not show due diligence as required by statute.

“…