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Martin v. Stoddard

24 N.Y. St. Rep. 111 Court General Term, Decision date 1889-01-28 English

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p. 111
Thomas Martin, Pl’ff and Resp’t, v. Lucy E. Stoddard et al., Def’ts and App’lts.
(City Court of Brooklyn,
General Term,
Filed January 28, 1889.)

Headnote

Taxes—Sale of land fob—Effect of want of notice to mobtgagee— Laws 1883, chap. 114.
The owner of land sold for taxes cannot complain because the mortgagee was not notified of the sale, as required by § 4, chapter 114, Laws of 1883.
William J. Gaynor, for resp’t; A. H. & W. E. Osborn, for app’lts.

—All the questions presented by the records in this case have already been passed upon by this court, except the point that the notice of sale was not served upon the mortgagee of the lands sold for taxes. Laws 1883, chapter 114, section 4, requires notice of sale to be served on the owner and mortgagee of the premises. Notice was served on the defendants, who were the owners. They cannot complain that the mortgagee was not served.

Judgment must be affirmed, with costs.