No questions of fact have been considered. Section 322 of the Real Property Law was the apparent basis for the petition and for the order under review, although the record is devoid of any indication in that regard. The petition, unsupported by any affidavits or other proofs, alleges a merger of a certain 1951 mortgage with a later 1955 mortgage; the petition impliedly admits that the first mortgage, the one that is the subject of this proceeding, was not paid. Those circumstances...
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