Syracuse Savings Bank v. . Merrick
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 20, 1904, affirming a judgment in favor of plaintiff and the Salt Springs National Bank entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The bank’s title must fail, because it is not a bona fide purchaser without notice.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 20, 1904, affirming a judgment in favor of plaintiff and the Salt Springs National Bank entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The bank’s title must fail, because it is not a bona fide purchaser without notice. (Tuttle v. Jackson, 6 Wend. 226; 1 Story’s Eq. Juris. § 400; Grimstone v. Carter, 3 Paige, 421; Jackson v. Post, 15 Wend. 588; Brown v. Blydenburgh, 7 N. Y.…
1Opinion of the Court
Cullen, Ch. J.
The action was brought to foreclose a mortgage held by the plaintiff on certain real estate situate in the city of Syracuse. No defense was interposed to the plaintiff’s claim, but two of the defendants, each claiming to be the holder of a mortgage on the land subsequent to that of the plaintiff, sought to have their respective titles adjudicated in the action. No question has been made as to their right to inject such an issue into the suit, and we shall raise none, though it may be doubted whether the plaintiff should have been delayed in the enforcement of its claim to await…
2Cases cited9 opinions
- Shaw v. SpencerMassachusetts Supreme Judicial Court · 1868
- Merritt v. . BartholickNew York Court of Appeals · 1867
- Munoz v. . WilsonNew York Court of Appeals · 1888
- Decker v. . BoiceNew York Court of Appeals · 1880
- Westbrook v. . GleasonNew York Court of Appeals · 1879
4 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Stockschlaeder & McDonald, Esqs. v. Kittay (In Re Stockbridge Funding Corp.)United States Bankruptcy Court, S.D. New York · 1992
- Assets Realization Co. v. . ClarkNew York Court of Appeals · 1912
- Larchmont National Bank v. Bay Shore Building & Construction Co.Appellate Division of the Supreme Court of the State of New York · 1929
- Alverson v. MarshallAppellate Division of the Supreme Court of the State of New York · 1913
- Informal Opinion No., New York Attorney General Reports1985