Rourk v. Murphy
New York Supreme Court
This action was brought by Thomas Bourk against Margaret B. Murphy and others to foreclose a mortgage. The mortgage was executed by defendant Murphy, a married woman, to the plaintiff herein, July S3,1873, and recorded in Bensselaer county clerk’s office, September 33,1873, and contained the following provision: “This mortgage is executed to secure the payment of the purchase money of the above described premises, viz.: $3,300, which sum the said party of the first part for…
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This action was brought by Thomas Bourk against Margaret B. Murphy and others to foreclose a mortgage. The mortgage was executed by defendant Murphy, a married woman, to the plaintiff herein, July S3,1873, and recorded in Bensselaer county clerk’s office, September 33,1873, and contained the following provision: “This mortgage is executed to secure the payment of the purchase money of the above described premises, viz.: $3,300, which sum the said party of the first part for herself, her heirs and assigns, covenants and agrees to and with the party of the second part, his heirs and assigns, to…
1Opinion of the CourtIngalls, J.
This controversy is reduced to one inquiry, viz., whether the insertion in the mortgage of the following provision, “ And hereby makes the payments of the moneys hereby secured a charge upon her other sole and separate estate,” and recording the same as a part of such mortgage, had the effect to create a lien or incumbrance upon lot number 194, which is superior to and takes preference of the conveyance by Mrs. Murphy to the said Rafter ? The examination of this case has convinced me that no such lien or incumbrance exists, and that the plaintiff is not, in law or equity, entitled to a…
2Cases cited9 opinions
- Payne v. . WilsonNew York Court of Appeals · 1878
- Fisher v. New-York Common PleasNew York Supreme Court · 1836
- Peck v. . MallamsNew York Court of Appeals · 1853
- Maxon v. . ScottNew York Court of Appeals · 1873
- Mason v. WhiteNew York Supreme Court · 1851
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