Fisk v. Potter
New York Court of Appeals
This action was brought to enforce an equitable lien for the purchase-money of land sold by the plaintiff, to the Canandaigua and Plagara Falls Eailroad company.
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This action was brought to enforce an equitable lien for the purchase-money of land sold by the plaintiff, to the Canandaigua and Plagara Falls Eailroad company. The issues joined in the action were referred to a sole referee to hear and determine, who found, as facts, as follows: That the defendant, the Canandaigua and Piagara Falls Eailroad company, was and is a , corporation duly formed and organized under the act of the legislature of this State, entitled “ An act to authorize the formation of railroad corporations, and to regulate the same,” passed April 2, 1850, and the acts amendatory…
1Opinion of the CourtPotter, J.
This case calls for the determination of one of the nicest questions of the law of natural equity. The plaintiff claims an equitable lien upon certain premises for unpaid purchase-money. The defendants claim as purchasers under a foreclosure and sale of a mortgage, given to bona fide mortgagees. The facts and circumstances surrounding this case as connected with the claims of both parties are peculiar and unusual. They are an exception to and á departure from the ordinary dealings of parties making such claims, or defending against them. In the inquiry, therefore, whether the plaintiff’s lien…
2Cases cited4 opinions
- Bayley v. GreenleafSupreme Court of the United States · 1822
- Seymour & Brown v. Canandaigua & Niagara Falls Rail RoadNew York Supreme Court · 1857
- Garson v. GreenNew York Court of Chancery · 1814
- Coit v. FougeraNew York Supreme Court · 1862
3Cited by14 opinions
- Brinkman v. JonesWisconsin Supreme Court · 1878
- Seymour v. . McKinstryNew York Court of Appeals · 1887
- Spring v. . ShortNew York Court of Appeals · 1882
- Zeiser v. . CohnNew York Court of Appeals · 1913
- Hubbell v. . HenricksonNew York Court of Appeals · 1903
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