Hyde v. Tanner
New York Supreme Court
In Euuity. On the 29th of April, 1844, Nicholas Tanner, father of the defendant Joseph D. Tanner, executed a mortgage to the plaintiff for $4500. On the 30th of September, 1845, Nicholas Tanner died intestate, leaving Joseph D. Tanner and Henry Tanner, his sole heirs at law, and being seised of the real estate covered by said mortgage. On the 27th of April, 1846, Henry conveyed his interest to Joseph ; the latter assuming the payment of the mortgage.
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In Euuity. On the 29th of April, 1844, Nicholas Tanner, father of the defendant Joseph D. Tanner, executed a mortgage to the plaintiff for $4500. On the 30th of September, 1845, Nicholas Tanner died intestate, leaving Joseph D. Tanner and Henry Tanner, his sole heirs at law, and being seised of the real estate covered by said mortgage. On the 27th of April, 1846, Henry conveyed his interest to Joseph ; the latter assuming the payment of the mortgage. On the 28th of April, 1846, Joseph applied to the plaintiff for a loan of $430, which sum the plaintiff lent him; making, together with the…
1Opinion of the CourtBarculo, J.
This case involves the consideration of the following questions: 1. Can the creditors at large, of a deceased intestate, reach the real estate of the debtor after it has been aliened by the heir to a bona fide purchaser ? 2. Can the mortgagee, after having cancelled the mortgage given by the intestate, and taken a new mortgage from the heir, set up the first mortgage, as against the general creditors 1
In considering the first question, it is necessary to assume that the plaintiff is in. the situation of a bona fide purchaser. He holds a mortgage executed by the heir to secure a loan of $5200,…
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