157 N.Y.S. 14 | N.Y. App. Div. | 1916
Mo final judgment has been entered, but if, in view of the stipulation of the parties, the order may be deemed such, it should be reversed, without costs, and the demurrer sustained, with leave to plead over on payment of costs. There should be united as plaintiffs all the owners of the mortgage, including the personal representatives of any who may have died. If the consent of any one of such persons cannot be obtained he may be made a defendant, “ the reason therefor being stated in the complaint.”
See Code Civ. Proc. § 448.— [Rep.