Gregory v. Thomas
New York Supreme Court
Error from the Albany mayor’s court. This was an action of trover brought by Thomas against Gregory, for a coach and harness taken possession of by the defendant in September, 1835. The plaintiff claimed the property under a mortgage executed to him by John Wyman, bearing date and filed in the register’s office of the city of Hew-York, on the 12th September, 1834. The defendant justified the taking possession of the property under a mortgage of the same, executed to him by…
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Error from the Albany mayor’s court. This was an action of trover brought by Thomas against Gregory, for a coach and harness taken possession of by the defendant in September, 1835. The plaintiff claimed the property under a mortgage executed to him by John Wyman, bearing date and filed in the register’s office of the city of Hew-York, on the 12th September, 1834. The defendant justified the taking possession of the property under a mortgage of the same, executed to him by Wymarí, on the 19th of June, 1834, which was filed in the register’s office in Hew-York on the 28th of June, 1834, and…
1Opinion of the Court
By the Court, Cowen, J.
The claims of the parties were founded on conflicting mortgages given by Wyman, the owner of the carriage and harness, to each party, the mortgagor all along retaining the possession, up to the time when the defendant below, Gregory, took them for default of paying his debt. His first mortgage was prior to that of the plaintiff below, being dated the 19th of June, 1834. The plaintiff’s was dated September 12th of the same year ; and the defendant took another mortgage dated May 18th, 1835. Thus, documentally, the defendant below had the prior right. The mortgages were…
2Cases cited6 opinions
- Andrews v. SmithNew York Supreme Court · 1832
- Day & Penfield v. Leal & LealNew York Supreme Court · 1817
- Phelps v. JohnsonNew York Supreme Court · 1811
- Doty v. Russell & PearlNew York Supreme Court · 1830
- Cornell v. LambNew York Supreme Court · 1823
1 more not listed; retrieve them via the Exa API.
3Cited by60 opinions
- Jagger Iron Co. v. . WalkerNew York Court of Appeals · 1879
- Hill v. . BeebeNew York Court of Appeals · 1856
- Boyd v. BeckSupreme Court of Alabama · 1857
- Meech v. . PatchinNew York Court of Appeals · 1856
- Packard v. KingmanSupreme Court of Iowa · 1860
55 more not listed; retrieve them via the Exa API.