SETTLE v. SAUNDERS


15 Misc.2d 1084 (1958)

Johanna Settle, Plaintiff, v. Alexander J. Saunders et al., Defendants.

Supreme Court, Richmond County.

November 26, 1958.


Attorney(s) appearing for the Case

William A. Smith for defendants.

Francis J. Cosman for plaintiff.


EDWARD G. BAKER, J.

In an action brought for the foreclosure of a mortgage, defendants move to set aside the judgment and all proceedings in the action on the ground that same was prematurely commenced.

The action was brought for the foreclosure of a purchase-money second mortgage dated April 17, 1956, given by defendants, Saunders, to plaintiff to secure payment of an indebtedness in the sum of $3...

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