Stoddard v. Rotton
The Superior Court of New York City
This is an appeal by the defendant from a judgment entered on the report of J. C. Bancroft Davis, Esq., as Referee. The complaint, as originally framed, states that the plaintiff, on the 3d of September, 1854, was seized in fee of certain real estate therein described, being a lot in Eighteenth street, between Second and Third avenues, New York city; that the defendant, on the 6th of June, 1856, entered into possession, and unlawfully withholds possession, to plaintiff’s…
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This is an appeal by the defendant from a judgment entered on the report of J. C. Bancroft Davis, Esq., as Referee. The complaint, as originally framed, states that the plaintiff, on the 3d of September, 1854, was seized in fee of certain real estate therein described, being a lot in Eighteenth street, between Second and Third avenues, New York city; that the defendant, on the 6th of June, 1856, entered into possession, and unlawfully withholds possession, to plaintiff’s damage, and prays that plaintiff “be adjudged to recover of said defendant the said real property and the possession…
1Opinion of the Court
By the Court—Hoffman, J.
The first and main question is, what was the effect of the omission of Crane to record the defeasance given to him by Willis ?
Both parties eláirn under Crane, who, it is admitted, was seised in fee after June 27, 1850, subject to the mortgage of $4,700 given by Brown’to Stuyvesant.
The deed of Crane to Willis of September 27th, 1852, and the defeasance of the same date made by him, constituted, as between those immediate parties, a mortgage, or conditional sale. (1 R. S., 756, §53; James v. Johnson, 6 John. Ch. R., 417.) So long as bona fide purchasers under either…
2Cases cited1 opinion
- James v. MoreyCourt for the Trial of Impeachments and Correction of Errors · 1823
3Cited by3 opinions
- Mertens v. WakefieldNew York Supreme Court · 1901
- Wilson v. ParshallNew York Supreme Court · 1889
- Hogarty v. LynchThe Superior Court of New York City · 1860