In re Bryan

McAvoy, J.:

The petition now here was brought on under section 340 of the Real Property Law, by an order to show cause, and came on to be heard before the court sitting in Special Term.

The mortgage about which the controversy hinges is dated June 8, 1898, and was recorded on that day. It is a mortgage from Arthur C. Searles and wife to William Bryan, a corporation. The corporation was incorporated on January 18, 1897, just before the time of the giving of the mortgage. Petitioners state that, to the best of their knowledge and belief, the corporation was never engaged in any business, and was…