Mackenzie v. Augimeri
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Davis, J.:
The action is for foreclosure and involves the question of priority between two mortgages on a farm in Chautauqua county.
The facts are not greatly in dispute. Two brothers, Antonio and R. Pasquale Augimeri, were in September, 1914, the owners of said farm. In that month they contracted to sell the farm and the stock, tools and implements thereon to Rosiria Carratozzolo. She thereupon took possession of the farm. On November 9, 1915, the Augimeris delivered to her a deed thereof previously executed, and she delivered to them a mortgage for $4,400 as a part of the purchase price. The…
2Cases cited11 opinions
- Brown v. . VolkeningNew York Court of Appeals · 1876
- Phelan v. . BradyNew York Court of Appeals · 1890
- Trustees of Union College v. WheelerNew York Court of Appeals · 1874
- Niles v. CooperSupreme Court of Minnesota · 1906
- City Bank v. HockeAppellate Division of the Supreme Court of the State of New York · 1915
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