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Forman, Jr. v. Malloy

Appellate Division of the Supreme Court of New York, Second Department
May 1, 1914
163 App. Div. 919 (N.Y. App. Div. 1914)

Opinion

May, 1914.


Judgment reversed and new trial granted, costs to abide the event, on account of the failure to prove the judgment roll in the Birdsall v. Baird foreclosure proceedings, as a foundation for the referee's deed. As to plaintiff and third persons, the recitals in a deed by the referee in foreclosure cannot establish the judicial proceedings, so that without the judgment roll the referee's deed was unsupported, and did not pass the Baird title. ( Townshend v. Wesson, 4 Duer, 342; Platt v. Picton, 3 Robt. 64; 3 Phillips Ev. [ed. of 1868] *614.) Jenks, P.J., Thomas, Carr, Stapleton and Putnam, JJ., concurred.


Summaries of

Forman, Jr. v. Malloy

Appellate Division of the Supreme Court of New York, Second Department
May 1, 1914
163 App. Div. 919 (N.Y. App. Div. 1914)
Case details for

Forman, Jr. v. Malloy

Case Details

Full title:Alexander A. Forman, Jr., Appellant, v. Thomas Malloy, Respondent

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: May 1, 1914

Citations

163 App. Div. 919 (N.Y. App. Div. 1914)