Baptist Home of Monroe County v. Smead

Headnote

Real property — partition — sufficiency of publication of summons and of notice of sale — validity of title under referee’s deed.

Baptist Home v. Smead, 204 App. Div. 902 , affirmed.

Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered December 21, 1922, affirming a judgment in favor of plaintiff entered upon a decision of the court at Special Term upon the submission of a controversy on an agreed statement of facts which show that the plaintiff and defendant entered into a contract for the sale and purchase of a parcel of land and that upon a tender by the plaintiff of a deed to said property the defendant refused to accept title on the sole ground that the plaintiff’s title was defective because of irregularities in' a partition action through which plaintiff derived title by a referee’s deed by reason of the fact that the summons and notice of sale were published in The Daily Record which defendant claimed was not a newspaper within the meaning of the statute providing for publication of such notices. The court at Special Term held the publication to have been sufficient and that there was no defect in plaintiff’s title.