Judd v. . O'Brien Waddle
New York Court of Appeals
Appeal from the Supreme Court. The action was a judgment creditor’s suit, in which the plaintiff sought to obtain satisfaction of the amount of two judgments which had been recovered against A. V. Hasten, and which he alleged were liens upon a lot of ground in the village of Penn Yan.
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Appeal from the Supreme Court. The action was a judgment creditor’s suit, in which the plaintiff sought to obtain satisfaction of the amount of two judgments which had been recovered against A. V. Hasten, and which he alleged were liens upon a lot of ground in the village of Penn Yan. The complaint admitted that Hasten had mortgaged the lot before the lien of the plaintiff’s judgments attached, but it averred that the mortgage had been paid by the perception of the rents and profits realized by the defendants, who had gone into possession under the mortgagee. The defendants set up a…
1Opinion of the CourtDeuio, J.
The statute requires the notice in the case of a foreclosure by advertisement to state the date of the mortgage and where recorded. (2 R. S., 546, § 4.) This notice gives the clerk’s office and the date of recording correctly, but there is an error in the number of the book. If there had been no reference to the number and page of the' book, but only a statement of the time of recording in the proper clerk’s office, I think •there would have been, a substantial compliance with the requirement of the statute. Conveyances are required to be recorded in the order of the time of delivery to the…
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