Geller v. Hoyt
New York Supreme Court
Azor Hoyt owned certain lands in this city and mortgaged them to the plaintiff. Afterwards, on the 22d April 1850, he conveyed them, subject to the mortgage, to Samuel I. Smith, who, on 1st June 1850, executed another mortgage for $1,600, on the same premises, to E. N. Cobh, which was duly recorded.
Read the full summary
Azor Hoyt owned certain lands in this city and mortgaged them to the plaintiff. Afterwards, on the 22d April 1850, he conveyed them, subject to the mortgage, to Samuel I. Smith, who, on 1st June 1850, executed another mortgage for $1,600, on the same premises, to E. N. Cobh, which was duly recorded. One Bloomingdale obtained a judgment against Smith in the Supreme Court, for moro than $7,000, which was entered in Albany on 25th October 1851, and of which a transcript was filed and docketed in the office of the clerk of this county on 27th October 1851. Blydenburgh now owns that judgment, and…
1Opinion of the Court
Mitchell, Justice.
It is objected to the judgment held by Blydenburgh, that it was not a lien as against a subsequent judgment creditor, be.cause it was not docketed so as to give the true name of the defendant. The Christian and surnames were given correctly, and these, for some purposes, constitute the whole name, and afterwards the error in the letter T, which ia not a name, but only an initial of a middle name, was corrected by order of the court, by subtituting the initial 'I' in place of 'T' in the docket here. The judgment was right and needed no opinion; and as to lands here, it was…
2Cases cited1 opinion
- Chichester v. CandeNew York Supreme Court · 1824
3Cited by1 opinion
- Goldreyer v. FoleyAppellate Division of the Supreme Court of the State of New York · 1913