Appellant claims ownership of a mortgage, executed October 25, 1921. One of the chief defenses to appellant's claim to the surplus moneys by virtue of the mortgage was that the Statute of Limitations had run against it. Appellant contended that a payment of $20 had been made on the mortgage May 15, 1948, and the debt thus revived. The matter was referred to a referee who found for appellant. The Special Term denied the motion to confirm the referee's report on the ground...
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