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CARLOS LAND CO. v. ROOT

282 A.D. 349 (1953)

Carlos Land Company, Appellant, v. Ivan C. Root, Respondent, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

July 8, 1953.

Attorney(s) appearing for the Case

Edward D. Siemer for appellant.

James O. Moore, Jr., and Nathan Rovner for respondent.

All concur. Present — TAYLOR, P. J., McCURN, KIMBALL, PIPER and WHEELER, JJ.

KIMBALL, J.

On or about July 10, 1951, the plaintiff commenced an action against the defendants to foreclose a mortgage executed by the defendant, Ivan C. Root, as mortgagor, to the plaintiff. The bond and mortgage were dated December 1, 1922. Defendant Root was obligated to pay the plaintiff the sum of $5,500 principal with interest at 6%. The whole principal, by the terms of the bond and mortgage, was due and...

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