New-York Life Insurance & Trust Co. v. Smith
New York Court of Chancery
This was. an, application by the. defendant Smith,, to open; a •decree which had been duly entered and. enrolled,, and, to-let íiim iri to deferid" the' suit.
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This was. an, application by the. defendant Smith,, to open; a •decree which had been duly entered and. enrolled,, and, to-let íiim iri to deferid" the' suit. The bill' Was filed t'ó foreclose & rifoftgage, given to W. Smith by J. Hebárd, tipbn á lot in Chautauque county, in Match; 1833; Which lot wás then oWired by the mortgagor, brit wás Conveyed by him to the defendant C. Smith, with warranty, in March, 1836. The mortgage was duly recorded soon after its daté ; arid iriNoVémbéi*, 1834, the bond and mortgage' were assigned by the mortgagee to J. Lovell, and such assignment was duly recorded…
1Opinion of the Court
The Chancellor..
There is no doubt that the facts stated in the defendant’s petition, if proved, would have constituted a good defence to this suit. For by express provision of the revised statutes, the recording of the assignment of a mortgage is not of itself to be deemed notice of such assignment to the mortgagor, so as to invalidate any payment made by him, or his heirs or representatives, to the mortgagee. (1 R. S. 763, § 41.) The recording of the assignment of a mortgage is only constructive notice, of such assignment, as against persons claiming by virtue of some subsequent assignment…
2Cases cited5 opinions
- Roberts v. Jackson, ex dem. WebbNew York Supreme Court · 1828
- Reed v. MarbleNew York Court of Chancery · 1843
- Tatum v. YoungSupreme Court of Alabama · 1835
- Stuyvesant v. HoneNew York Court of Chancery · 1844
- Williams v. BirbeckNew York Court of Chancery · 1840
3Cited by7 opinions
- Hollinshead v. John Stuart & Co.North Dakota Supreme Court · 1898
- Purdy v. . HuntingtonNew York Court of Appeals · 1870
- Van Keuren v. . CorkinsNew York Court of Appeals · 1876
- Fahlbusch v. Consumers Discount Corp.City of New York Municipal Court · 1936
- Clift v. WhiteNew York Supreme Court · 1853
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