MATTER OF SAXTON v. NYE


4 A.D.2d 135 (1957)

In the Matter of D. Julian Saxton et al., Respondents v. Clair Nye, Appellant

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

June 19, 1957.


Attorney(s) appearing for the Case

Albert E. Hollis for appellant.

W. Earle Costello for respondents.

All concur. Present — McCURN, P. J., VAUGHAN, KIMBALL, WILLIAMS and BASTOW, JJ.


KIMBALL, J.

The question presented upon this appeal is one of law. The petitioners, pursuant to sections 275 and 333-b of the Real Property Law sought an order requiring the respondent to make, execute and deliver an assignment of a mortgage. The petitioners' position was that they had tendered the full amount of principal and interest due. The respondent answered and alleged that the mortgage was delivered and...

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