Cook v. . Travis
New York Court of Appeals
Appeal from the Supreme Court. Action to recover land in Seneca county. The trial was before Mr. Justice Welles, who directed a verdict, subject to the opinion of the court. At general term in the second district, the judgment was rendered for the plaintiffs. The defendant appealed to this court. AH the material facts are stated in the following opinion.
1Opinion of the CourtComstock, J.
Abraham Cutler, in 1832, mortgaged the premises in question to the New York Life Insurance and Trust Company. Cutler had derived his title through a sheriff’s sale under a judgment in favor of Mowatt, against himself and Peter Young, recovered November 19, 1818. That sale took place in 1819, and one Platt was the purchaser. Platt, in 1820, conveyed to Beebee, and the latter, in 1828, conveyed to Cutler. This was the title which the mortgage covered, Peter Young being the original source. All the deeds were duly recorded; but when the mortgage was given, Young was still in possession of the…
2Cases cited1 opinion
- Scott v. GallagherSupreme Court of Pennsylvania · 1826
3Cited by43 opinions
- Eylar v. EylarTexas Supreme Court · 1883
- Brown v. . VolkeningNew York Court of Appeals · 1876
- Culver v. . RhodesNew York Court of Appeals · 1882
- Seymour v. . McKinstryNew York Court of Appeals · 1887
- Tarbell v. . WestNew York Court of Appeals · 1881
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