Larned v. . Donovan
New York Court of Appeals
Appeal from a judgment of the late General Term of the Supreme Court' in the first judicial department, entered February 25, 1895, affirming a judgment of Special Term dismissing plaintiffs’ complaint on the merits as to the defendant Donovan.
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Appeal from a judgment of the late General Term of the Supreme Court' in the first judicial department, entered February 25, 1895, affirming a judgment of Special Term dismissing plaintiffs’ complaint on the merits as to the defendant Donovan. This action was brought to obtain a decree directing the • defendant Donovan to deliver up for cancellation and to cancel of record a certain mortgage, held and owned by him upon lands alleged to be owned by the plaintiffs in the city of Hew York, as a cloud upon the plaintiffs’ title thereto. The facts, so far as material, are stated in the opinion.…
1Opinion of the Court
Parker, Ch. J.
Algie mortgaged certain premises to Golding, in January, 1886, to secure the sum of $1.130. The mortgage was recorded February 10th, following. May 4th, 1886, Golding, for value, assigned it to Donovan, who recorded the assignment three days later. At the time of such assignment there was due to Golding on the mortgage the sum of $574.41. Subsequently and on May lltli, Golding united with other creditors of Algie in the making of an agreement, the object of which was to enable Algie to convey the property by a warranty deed to the plaintiffs. In pursuance thereof and on May…
2Cases cited1 opinion
- Brewster v. . CarnesNew York Court of Appeals · 1886
3Cited by7 opinions
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- Cornish v. WoolvertonMontana Supreme Court · 1905
- Goldstein v. GoldAppellate Division of the Supreme Court of the State of New York · 1984
- Assets Realization Co. v. . ClarkNew York Court of Appeals · 1912
- Fox v. SizeLandNew York Supreme Court · 1938
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