Fort v. Burch
New York Supreme Court
This was an action of ejectment, commenced on the 28th of November, 1843. It was tried at the Washington circuit in June, 1848, before Justice Hand.
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This was an action of ejectment, commenced on the 28th of November, 1843. It was tried at the Washington circuit in June, 1848, before Justice Hand. The plaintiff claimed title as a purchaser under a decree of foreclosure in chancery of a mortgage given by William Burch to Lewis Fort, dated April, 1838, acknowledged on the 11th and recorded on the 13th of April, 1838. The condition of the mortgage was that William Burch, &c. should pay to Lewis Fort all damages, &c. which the latter might be liable to pay in consequence of a bond executed by him to James P. Randall. The plaintiff introduced…
1Opinion of the Court
By the Court, Paige, P. J.
The principal question in this case is, whether any recording act was in force after the 31st day of December, 1829, (when the general repealing act of the 10th of December, 1828 took effect,) applicable to deeds and mortgages executed previous to that date. If all the previous recording acts were absolutely repealed by such repealing act, and if the recording act contained in the revised statutes does not apply to previous deeds and mortgages, then such deeds and mortgages, although not registered or recorded, will be entitled to a preference over all conveyances…
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