Hovey v. Hill
New York Supreme Court
This was an appeal by the defendant from a judgment for the plaintiff entered upon the report of a referee. The action was brought to set aside as fraudulent a mortgage upon land described in the complaint, upon which the plaintiff claimed a lien through a judgment against the defendant, Hill.
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This was an appeal by the defendant from a judgment for the plaintiff entered upon the report of a referee. The action was brought to set aside as fraudulent a mortgage upon land described in the complaint, upon which the plaintiff claimed a lien through a judgment against the defendant, Hill. The referee found that the plaintiff had recovered a judgment for $27,000 against the defendant, Hill, and that the same was duly docketed in Erie county, where the premises, covered by the mortgage, were situated. That execution had been issued upon the judgment and returned 'unsatisfied. That the…
1Opinion of the Court
By the Court —
Mullin, P. J.
Upon the evidence in this case the referee was justified in finding that the mortgage which is the subject in controversy in this suit was not trans- . ferred to Mrs. Loveridge until after the filing of the notice of lis pendens in the creditor’s suit brought by this plaintiff against Ball and al., to set aside the conveyances covered by the mortgage in question to Lewis O. Hill, as fraudulent and void as against the creditors of Milo W. Hill.
The questions to be decided are: Was the Us pendens constructive notice to Mrs. Loveridge of the facts alleged in the…
2Cases cited6 opinions
- Harrington v. SladeNew York Supreme Court · 1856
- Seymour v. . WilsonNew York Court of Appeals · 1859
- Westfall v. JonesNew York Supreme Court · 1853
- Peabody v. FentonNew York Court of Chancery · 1848
- L'Amoureux v. VandenburghNew York Court of Chancery · 1838
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Lamont v. . CheshireNew York Court of Appeals · 1875