Hunt v. Wall — 240 N.Y. 696

Majority

p. 696

Nancy E. Hunt, Respondent, v. Rebecca Wall, Appellant.

(Submitted June 4, 1925;

decided July 15, 1925.)

Headnote

Real property — mortgage —foreclosure of purchase-money 'mortgage — erroneous allowance of credit for deficiency in acreage.

Hunt v. Wall, 211 App. Div. 856 , affirmed.

Appeal from a judgment, entered December 31, 1924, upon an order of the Appellate Division of the Supreme Court in the second judicial department, reversing a

p. 697

judgment of Special Term in an action to foreclose a purchase-money mortgage on real property, which reduced the amount of the bond and mortgage by allowing a credit for a deficiency of acreage in the farm sold, and directing judgment of foreclosure and sale in favor of plaintiff for the full amount of the bond and mortgage upon new findings.

Frederick P. Close for appellant.

William L. Rumsey and Charles H. Banks for respondent.

Judgment affirmed, with costs; no opinion.

Concur: Hiscock, Ch. J., Cardozo, McLaughlin, Crane, Andrews and Lehman, JJ. Not voting: Pound, J.