Donovan v. Twist
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, John Donovan, from a judgment of the County Court of Tompkins county in favor of the defendant Salem Twist, entered in the office of the clerk of the county of Tompkins on the 20th day of January, 1904, upon the decision of the court, rendered after a trial at the Tompkins County Court, dismissing the complaint as to the said defendant Salem Twist.
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Appeal by the plaintiff, John Donovan, from a judgment of the County Court of Tompkins county in favor of the defendant Salem Twist, entered in the office of the clerk of the county of Tompkins on the 20th day of January, 1904, upon the decision of the court, rendered after a trial at the Tompkins County Court, dismissing the complaint as to the said defendant Salem Twist. The action is for the foreclosure of a mortgage given by one William W. Smith to the plaintiff, bearing date March 23, 1882, for the sum of $250, payable two years from date, to secure a part of the purchase price of the…
1Opinion of the Court
Smith, J.:
When this case was here upon a former appeal we held that a mortgage containing no covenants of seizin or warranty, executed and recorded before the mortgagor had acquired title to the premises described therein, has no greater effect than a quitclaim deed, and is not enforcible against the premises an the hands of a person who purchased them for value from the mortgagor’s heir at law without actual notice of the existence of the mortgage. (85 App. Div. 130.) Upon the record then presented there was no evidence of any facts which would estop the mortgagor himself, in defending a…
2Cases cited3 opinions
- Tefft v. . MunsonNew York Court of Appeals · 1874
- Oliphant v. . BurnsNew York Court of Appeals · 1895
- Donovan v. TwistAppellate Division of the Supreme Court of the State of New York · 1903
3Cited by5 opinions
- In re the Estate of KatzNew York Surrogate's Court · 1930
- Ludy v. ZumwaltCalifornia Court of Appeal · 1927
- In re the Estate of MatthewsNew York Surrogate's Court · 1912
- Chayka v. ChaykaNew York Supreme Court · 1943
- Gardner v. Northwestern Mutual Life InsuranceNew York Supreme Court · 1934