Hewett v. Suits
Appellate Division of the Supreme Court of the State of New York
Appeal from special term. Action by Mary C. Hewett to foreclose a mortgage executed by Simeon K. Hewett, in which Nicholas Suits is impleaded as a subsequent lienholder. From a judgment for defendant Suits, plaintiff appeals. Beversed. On September 11, 1886, the defendant Simeon K. Hewett executed and delivered to Joseph H. Jones his bond, dated on that day, secured by a mortgage, executed by himself alone, upon the premises described in the complaint.
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Appeal from special term. Action by Mary C. Hewett to foreclose a mortgage executed by Simeon K. Hewett, in which Nicholas Suits is impleaded as a subsequent lienholder. From a judgment for defendant Suits, plaintiff appeals. Beversed. On September 11, 1886, the defendant Simeon K. Hewett executed and delivered to Joseph H. Jones his bond, dated on that day, secured by a mortgage, executed by himself alone, upon the premises described in the complaint. Such) mortgage was regularly recorded in the Montgomery county clerk’s office on September 18,1886. On January 21,1889, such bond and mortgage…
1Opinion of the CourtParker, P. J.
The fact, alone, that a wife joins with her husband in the execution of a mortgage upon the husband’s real estate, does not impair her right to priority as the holder of a prior mortgage. Power v. Lester, 23 N. Y. 527; Gillig v. Maass, 28 N. Y. 191; Kingman v. Dunspaugh, 19 App. Div. 549, 46 N. Y. Supp. 602. Suits, therefore, was not entitled to priority because his mortgage was executed by this plaintiff. As to his claims that she made false representations to him at the time he took his mortgage, and that she was a borrower, and interested in the |300 for which such mortgage was given, he…
2Cases cited3 opinions
- Gillig v. . MaassNew York Court of Appeals · 1863
- Power v. . LesterNew York Court of Appeals · 1861
- Kingman v. DunspaughAppellate Division of the Supreme Court of the State of New York · 1897