Mickles v. . Townsend
New York Court of Appeals
Appeal from the Supreme Court. The action was brought to procure a judgment declaring a certain mortgage, which would otherwise be a lien upon the plaintiff’s premises, extinguished; or, in case it should be held to be on foot, that the plaintiff should be allowed to redeem. The mortgage was executed by George S. Fitch to David Hall on the 4th day of February, 1836, upon a lot at Syracuse, to secure $4,000, purchase money of the premises, and was recorded the next day.
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Appeal from the Supreme Court. The action was brought to procure a judgment declaring a certain mortgage, which would otherwise be a lien upon the plaintiff’s premises, extinguished; or, in case it should be held to be on foot, that the plaintiff should be allowed to redeem. The mortgage was executed by George S. Fitch to David Hall on the 4th day of February, 1836, upon a lot at Syracuse, to secure $4,000, purchase money of the premises, and was recorded the next day. Hall assigned the mortgage to Philo D. Mickles, who in the meantime had bought and sold the mortgaged premises, on the 23d…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] The principle is well established, that where one grants land to another, with the covenants contained in the deed from Philo D. Mickles to the plaintiff, he is bound to make the title perfect, so far as it may be in his power to do so. If, therefore, the vendor subsequently acquires any interest in the land, such acquisition enures to the benefit of the grantee, not simply by way of estoppel against the grantor or his privies, but, if necessary, as a positive…
2Cases cited1 opinion
- Wilson v. TroupCourt for the Trial of Impeachments and Correction of Errors · 1823
3Cited by24 opinions
- Asche v. . AscheNew York Court of Appeals · 1889
- Hubbell v. . MoulsonNew York Court of Appeals · 1873
- United States Saving Fund & Investment Co. v. HarrisIndiana Supreme Court · 1895
- Troost v. DavisIndiana Supreme Court · 1869
- Ohmer v. BoyerSupreme Court of Alabama · 1889
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