Briggs v. . Davis
New York Court of Appeals
Appeal from the Supreme Court. The plaintiff brought his suit against John J. Palmer, the former special receiver of the ¡North American Trust and Banking Company, in whose place the present defendant has been substituted pendente lite,, to obtain a judgment declaring void, and to procure the cancellation of, a mortgage which had been executed to the president of that corporation for its use, by one Cornelius Hasten, on the 1st day of ¡November, 1838. The case was tried…
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Appeal from the Supreme Court. The plaintiff brought his suit against John J. Palmer, the former special receiver of the ¡North American Trust and Banking Company, in whose place the present defendant has been substituted pendente lite,, to obtain a judgment declaring void, and to procure the cancellation of, a mortgage which had been executed to the president of that corporation for its use, by one Cornelius Hasten, on the 1st day of ¡November, 1838. The case was tried before Hr. Justice Welles, in December, 1853, when the following facts were established: Hasten being the owner of the…
1Opinion of the CourtDenio, J.
It was a rule in courts of equity, before the revision of the statutes, that the interest of the beneficiary in a trust in lands, could not be affected by any act of the tiustee in favor of a party having notice of the trust; and by our recording acts, every purchaser and incumbrancer is chargeable with notice of all conveyances made by parties under whom he derived title, which have been recorded according to the statute. (Shepherd v. McEvers, 4 John. Ch., 136; Beekman v. Frost, 18 John., 544.) This rule, so far as it applies to the present case, is now matter of positive law, the statute…
2Cases cited2 opinions
- Vroom v. DitmasNew York Court of Chancery · 1834
- Beekman v. FrostNew York Supreme Court · 1820
3Cited by25 opinions
- Wetmore v. . PorterNew York Court of Appeals · 1883
- Feeney v. HowardCalifornia Supreme Court · 1889
- Brennan v. . WillsonNew York Court of Appeals · 1877
- Acer v. . WestcottNew York Court of Appeals · 1871
- Arlington State Bank v. PaulsenNebraska Supreme Court · 1899
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