FULTON SAV. BANK, KINGS CO. v. DOWNS


1 Misc.2d 695 (1956)

Fulton Savings Bank of Kings County, Plaintiff, v. Frank E. Downs et al., Defendants.

Supreme Court, Special Term, Suffolk County.

January 10, 1956.


Attorney(s) appearing for the Case

Wingate & Cullen for plaintiff.

Henry G. Wenzel, III, as guardian ad litem for Anne C. Downs, an infant, defendant.


HILL, J.

This is an action to foreclose a mortgage. Plaintiff is an assignee of the original mortgagee. It is alleged that the mortgage is a purchase-money mortgage, the funds having been used by the mortgagors to purchase the property from a development corporation.

The mortgagors are husband and wife and own the premises as tenants by the entirety. The wife is an infant and executed the bond and mortgage without any judicial proceeding. A guardian...

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