Anderson v. Austin
New York Supreme Court
THIS action was brought by the plaintiff as the assignee of George H. Swords, on the covenant of seisin contained in a deed, dated March 26th, 1853, executed by the defendant Austin to Swords, conveying an undivided half of two pieces of land (composing one farm) in the town of Mount Pleasant, in the county of Westchester.
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THIS action was brought by the plaintiff as the assignee of George H. Swords, on the covenant of seisin contained in a deed, dated March 26th, 1853, executed by the defendant Austin to Swords, conveying an undivided half of two pieces of land (composing one farm) in the town of Mount Pleasant, in the county of Westchester. On the 4th of August, 1840, Bichard Austin, who then owned the whole of the farm in question, conveyed the same to William Bull in fee, by warranty deed, duly executed and recorded. At the same time Bull executed and delivered to Austin a mortgage for $7702.18, to secure…
1Opinion of the Court
By the Court.
The words “personal representatives,” used in the statute respecting the foreclosure of mortgages by advertisement, passed in 1844, (Laws of 1844, chap. 346, § 2,) means “ executors or administrators,” and not heirs or devisees.
Where there is no personal representative to be served with notice, that provision of the statute is inoperative, and the foreclosure will be good if conducted in the mode otherwise prescribed in the statute.
When the premises sold consist of two or more parcels which had previously been held, used and conveyed together, as one farm, a sale of the whole in…
2Cited by10 opinions
- Jefferson v. . BangsNew York Court of Appeals · 1909
- Grandin v. EmmonsNorth Dakota Supreme Court · 1901
- Reilly v. PhillipsSouth Dakota Supreme Court · 1894
- Bond v. FinnNew York Supreme Court · 1889
- Mackenzie v. AlsterNew York Supreme Court · 1882
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