O'Brien v. Fleckenstein
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, William B. Morse and others, composing the firm of William B. Morse & Sons, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office o£ the clerk of the county of Monroe on the 16th day of March, 1903, upon the decision of the court, rendered after a trial at the Monroe Special Term, decreeing a sale in foreclosure of the property •described in the complaint, and adjudging the lien of plaintiff’s, respondent’s, mortgage…
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Appeal by the defendants, William B. Morse and others, composing the firm of William B. Morse & Sons, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office o£ the clerk of the county of Monroe on the 16th day of March, 1903, upon the decision of the court, rendered after a trial at the Monroe Special Term, decreeing a sale in foreclosure of the property •described in the complaint, and adjudging the lien of plaintiff’s, respondent’s, mortgage to be superior to that of the appellants.
1Opinion of the Court
Spring, J. :
The gist of this controversy is to determine which of two mortgages covering the same premises is the superior lien.
On the 9th day of July, 1902, the plaintiff sold to the defendant Frank Y. Fleckenstein, for $1,300 the premises described in the •complaint taking back as security for the entire purchase price the bond of the grantee and his mortgage on said premises due in three months from its date. The mortgage was not recorded until November twenty-fifth following. There was paid on the bond and * mortgage the sum of $500.
The defendants Morse are lumber dealers carrying on…
2Cases cited5 opinions
- Cary v. . WhiteNew York Court of Appeals · 1873
- Young v. . GuyNew York Court of Appeals · 1882
- Meltzer v. . DollNew York Court of Appeals · 1883
- Breed v. National BankAppellate Division of the Supreme Court of the State of New York · 1901
- Breed v. . National Bank of AuburnNew York Court of Appeals · 1902
3Cited by1 opinion
- Horton v. Wright, Barrett, & Stillwell Co.North Dakota Supreme Court · 1917