McPherson v. . Rollins
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made the first Tuesday of January, 1885, which affirmed a judgment in favor of plaintiff entered upon the report of a referee. The action was for the foreclosure of a mortgage made by one Fannie Gray, the material portions of which are hereinafter set out.
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Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made the first Tuesday of January, 1885, which affirmed a judgment in favor of plaintiff entered upon the report of a referee. The action was for the foreclosure of a mortgage made by one Fannie Gray, the material portions of which are hereinafter set out. Andres Deming, Ida McPherson, an infant, and Michael and Patrick Rollins,with others, were made defendants. The Messrs. Rollins answered, claiming title as purchasers in good faith and for a valuable consideration. Ida…
1Opinion of the CourtDanforth, J.
That a valid trust was created by the terms of the mortgage, and to the effect as found by the referee, and that it continued to exist there can be no doubt. The transfer of property was executed and the relation of trustee and cestui que trust formed and at no' time renounced. This question must be deemed closed in this court by its decision in Martin v. Funk (75 N. Y. 134). The important inquiry before the referee was, whether the defendants had any notice, actual or constructive, of the plaintiff’s rights, or of the character in which Deming held the mortgage. His finding that they had no…
2Cases cited3 opinions
- Martin v. . FunkNew York Court of Appeals · 1878
- Field v. SchieffelinNew York Court of Chancery · 1823
- Acer v. . WestcottNew York Court of Appeals · 1871
3Cited by48 opinions
- Turner v. . GlennSupreme Court of North Carolina · 1942
- Wynn v. GrantSupreme Court of North Carolina · 1914
- Detroit Trust Co. v. Detroit City Service Co.Michigan Supreme Court · 1933
- Kirsch v. . TozierNew York Court of Appeals · 1894
- Townsend v. . RackhamNew York Court of Appeals · 1894
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