Winslow v. McCall
New York Supreme Court
OH the 26th day of February, 1859, the defendants conveyed to the plaintiff about seventy acres of land, part of lot Ho. 62, in the town of Marathon, in the county of Cortland. The consideration for the sale was #1400. Of this the plaintiff paid down #400 in money, and delivered to the defendants the note of her husband for #100, and the balance was secured by her bond and mortgage on the premises for #900, payable in installments.
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OH the 26th day of February, 1859, the defendants conveyed to the plaintiff about seventy acres of land, part of lot Ho. 62, in the town of Marathon, in the county of Cortland. The consideration for the sale was #1400. Of this the plaintiff paid down #400 in money, and delivered to the defendants the note of her husband for #100, and the balance was secured by her bond and mortgage on the premises for #900, payable in installments. The deed contained the usual covenants for quiet enjoyment and warranty. At the time this conveyance was made, one Hervey J. Pike was in possession of the premises…
1Opinion of the CourtParker, J.
The principal question in this case is whether the foreclosure of the mortgage by Cannon barred the assignee of the Heartt mortgage, and this I find a difficult *244question. It was decided by Justice Hand, at special term, in Wetmore v. Roberts, (10 How. Pr. R. 51,) that an assignee of a junior mortgage, whose assignment was recorded, was entitled to notice, upon the foreclosure by advertisement of a senior mortgage. That is this case; and inasmuch as, aside from authority, the question is one of much doubt, I feel bound by that decision, not finding any which conflicts with it.
If then Betts,…
2Cases cited6 opinions
- Phyfe v. RileyNew York Supreme Court · 1836
- Slee v. President & Directors of the Manhattan Co.New York Court of Chancery · 1828
- Fowler v. PolingNew York Supreme Court · 1849
- Wager v. SchuylerNew York Supreme Court · 1828
- Guthrie v. PugsleyNew York Supreme Court · 1815
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Barson v. . MulliganNew York Court of Appeals · 1908
- Cooke v. CooperOregon Supreme Court · 1889
- Shattuck v. . LambNew York Court of Appeals · 1875
- Barson v. MulliganAppellate Division of the Supreme Court of the State of New York · 1901
- Sheffey's Ex'or v. GardinerSupreme Court of Virginia · 1884
4 more not listed; retrieve them via the Exa API.