Appellate Division of the Supreme Court of the State of New York March 10, 1933 (Clason's Point Land Co. v. Schwartz)

Sherman, J.

In this foreclosure suit the question has arisen as to whether or not the lien of the mortgage held by plaintiff should *742be decreed to attach to the entire tract of real estate described in the complaint or whether respondent is entitled to have eliminated therefrom a portion of the premises by virtue of payments claimed to have been made under the release clause in the mortgage.