Appellate Division of the Supreme Court of the State of New York April 15, 1932 (Rogers v. Tolkov)

Order reversed on the law, with ten dollars costs and disbursements, and motion to dismiss the complaint granted, with ten dollars costs. Plaintiff, executrix of one Rogers, seeks to foreclose a mortgage made by the defendants Tolkov to one Reilly, who is now the owner and holder thereof, on the theory that, at the request of the defendants, her testator paid the installments of principal and