Dane v. Mallory
New York Supreme Court
This was an appeal by the plaintiffs from a judgment rendered at a special term, upon the verdict of a jury, and upon questions of law and fact reserved by the judge. The action was brought to recover the possession of a canal boat.
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This was an appeal by the plaintiffs from a judgment rendered at a special term, upon the verdict of a jury, and upon questions of law and fact reserved by the judge. The action was brought to recover the possession of a canal boat. The complaint alleged that the plaintiffs being owners of the boat Wakondah of New-York, and her tackle and furniture, sold it on the 9th of May, 1850, to Lorenzo D. Foster and Augustus Brown, and to secure the payment of the purchase money, took a mortgage thereon from Foster and Brown. On the 14th of September, 1850, two payments being due and unpaid on the…
1Opinion of the Court
By the Court, Gridley, J.
The only question involved in this cause respects the title of the defendant to the boat,.under the Nash mortgage. For if that mortgage was a valid instrument, then the title of the plaintiffs, being derived under a sheriff’s sale of the boat, against one of the .persons who exe*52cuted the mortgage to Nash,, was subordinate and subject to the superior title or lien created by it. The sale, under the execution against Gardner, being proved by parol, without any evidence of a judgment, could not convey any title to the purchaser. (Yates v. St. John, 12 Wend. 74.)
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2Cases cited3 opinions
- Brown v. Bement & StrongNew York Supreme Court · 1811
- Otis v. WoodNew York Supreme Court · 1830
- Yates v. St. JohnNew York Supreme Court · 1834
3Cited by7 opinions
- Stoddard v. DenisonThe Superior Court of New York City · 1869
- Champlin v. JohnsonNew York Supreme Court · 1862
- People ex. rel. Argyle & Fort Edward Plank Road Co. v. Commissioners of HighwaysNew York Supreme Court · 1854
- Haskins v. KellyThe Superior Court of New York City · 1863
- Leach v. KimballSupreme Court of New Hampshire · 1857
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