Opinion
October, 1918.
Judgment reversed, with costs, and complaint dismissed upon the merits, with costs. The 5th, 16th and 17th findings of fact contained in the decision are disapproved and reversed and in lieu thereof this court finds and decides: 1. That the alleged assignment of the mortgage in suit to the plaintiff was never delivered to her and she never became the owner thereof, but that Charlotte Newman, the original mortgagee, therein named remained the owner and in possession of said mortgage until she assigned the same to Major M. Schermerhorn on the 7th day of January, 1905. 2. That the said mortgage has been fully satisfied and the debt secured thereby discharged. The first and second conclusions of law are stricken out and in lieu thereof judgment is directed in favor of the defendants dismissing the complaint upon the merits, with costs. All concurred.