95 N.Y.S. 872 | N.Y. Sup. Ct. | 1905
Action to rescind a contract to purchase real estate and to recover earnest money and expenses of searching title on the ground that the title is unmarketable. Defendant’s title is derived from a referee’s deed upon foreclosure in a case entitled Wallach v. Bergschwenger, judgment filed August 6, 1896. The owner of the equity of redemption, one Johanette-Bergschwenger, and John, her husband, defendants in said foreclosure suit, were nonresidents. The summons and complaint were filed in the clerk’s office [November 19, 1895. On December 11, 1895, an order appointing a receiver of the rents and profits pendente lite was made and entered, and on said proceedings counsel appeared specially — and not generally — for Mrs. Bergschwenger. On February 5, 1896, a judges order, upon sufficient papers, was made directing service by publication in two newspapers
Ordered accordingly.