Perry v. Fries
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, George R. Williams, individually and as trustee under the will of John Southworth, deceased, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the cleric of the county of Tompkins on the 13th day of February, 1903, upon the decision of the court rendered after a trial at the Tompkins Special Term.
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Appeal by the defendant, George R. Williams, individually and as trustee under the will of John Southworth, deceased, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the cleric of the county of Tompkins on the 13th day of February, 1903, upon the decision of the court rendered after a trial at the Tompkins Special Term. Jerome Rowe, on April 1, 1861, executed a mortgage to secure the payment to J. A. Holmes of $800 upon two separate parcels of land, one of twenty-seven acres and the other of fifty acres, which was duly recorded April 5, 1861, in the…
1Opinion of the Court
Parker, P. J.:
Two grounds of error are urged by the appellant on this appeal, which in my opinion require a reversal of this judgment.
The first is that the evidence does not satisfactorily show that, the defendant Williams had notice that the mortgage which he purchased from Yan Dusen was not the first lien upon the fifty acres therein described.
Of course it is conceded on the part of the respondent that, if Williams had the right to rely upon the record and to assume that the facts were such as appeared therefrom, he would acquire the mortgage which he purchased as a lien prior to the…
2Cases cited2 opinions
- Exkorn v. ExkornAppellate Division of the Supreme Court of the State of New York · 1896
- Sprague v. CochranNew York Supreme Court · 1893
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- Bank of New York Central Region v. CainAppellate Division of the Supreme Court of the State of New York · 1980
- Vogel v. City Bank Farmers Trust Co.New York Supreme Court · 1934
- Gurecki v. GureckiAppellate Division of the Supreme Court of the State of New York · 2020
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