Levine v. Herrscher ( 1910 )

— We think that the plaintiffs-are entitled to recover so much of the interest on the first mortgage, and also so much of the taxes paid by them as accrued prior to the date when defendant notified plaintiffs that he would not take title because .of defects in the proceedings to foreclose the second mortgage. Order overruling demurrer affirmed, with costs. Hirschberg; P. J., Woodward, Burr, Rich and Carr, JJ., concurred.