Grant v. . Tallman
New York Court of Appeals
Appeal from the Supreme Court. Action to foreclose a mortgage of a lot situate on the corner of Hammond, and West streets, ,in the city of Hew York.
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Appeal from the Supreme Court. Action to foreclose a mortgage of a lot situate on the corner of Hammond, and West streets, ,in the city of Hew York. The mortgage was by the defendants Tallman and wife to John Greene, and was dated on the 15th of April, 1845. It was given to secure the payment of $1,000, with interest, on the 18th of October, 1847, that being a part of the purchase money for the same lot, which had been conveyed by Greene to Tallman by a deed dated on the same.day, for the consideration of $6,000. The mortgage was assigned to the plaintiff to secure a d.ebt due to him on the…
1Opinion of the CourtS. B. Strong, J.
There can be no doubt that if the charge of fraud preferred against Greene in the answer had been proved, Tallman, if he had not sold the property, would have been entitled to recoup in this suit to the extent of his actual damage; and if that had exceeded or equaled the amount of the mortgage, it would have constituted an entire- defence. But there was no attempt to show any fraud, nor was there anything in the evidence from which it could be inferred, on the trial.
In the absence of fraud, a party who has purchased real estate, and received a deed for it containing a covenant that it is free…
2Cases cited1 opinion
- Dimmick v. LockwoodNew York Supreme Court · 1833
3Cited by15 opinions
- Mack v. . PatchinNew York Court of Appeals · 1870
- Messer v. OestreichWisconsin Supreme Court · 1881
- Geiszler v. . De GraafNew York Court of Appeals · 1901
- Norton v. ColgroveMichigan Supreme Court · 1879
- Guthrie v. RussellSupreme Court of Iowa · 1877
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