Gere v. Dibble
New York Supreme Court
Grover, P. J., Green, Marvin and Davies, Justices. Appeal from order of special term,' overruling demurrer to complaint. It appears from the complaint, that the defendant Dibble, on the second day of Januaiy, 1855, was seized and possessed of certain premises described; that on that day he mortgaged the premises to the defendant Mary Vosburgh, for the consideration as stated in the mortgage, of $557, to be paid at the expiration of ten years. The mortgage was recorded.
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Grover, P. J., Green, Marvin and Davies, Justices. Appeal from order of special term,' overruling demurrer to complaint. It appears from the complaint, that the defendant Dibble, on the second day of Januaiy, 1855, was seized and possessed of certain premises described; that on that day he mortgaged the premises to the defendant Mary Vosburgh, for the consideration as stated in the mortgage, of $557, to be paid at the expiration of ten years. The mortgage was recorded. December 15th, .1856, the plaintiffs recovered a judgment of $145.53 in the supreme court against Dibble. Execution was…
1Opinion of the Court
By the court—Marvin, Justice.
Assuming as we must, that the mortgage executed by Dibble to Mrs. Vosburgh, was fraudulent and void as to the creditors of Dibble, it follows that the judgment of $125.85 in favor of Brown, recovered March 24th, 1856, and the judgment of $145.53 in favor of the plaintiffs, recovered December 15th, 1856, were liens upon the land mortgaged.
They were recovered and docketed before the receiver was appointed. He therefore became seized of the land as receiver subject to the lien of these judgments. Porter was appointed receiver December 23d, 1856, and the judgment in…
2Cases cited1 opinion
- Wilson v. AllenNew York Supreme Court · 1849
3Cited by8 opinions
- Ullman v. . CameronNew York Court of Appeals · 1906
- Chicago Title & Trust Co. v. SmithIllinois Supreme Court · 1895
- Feldenheimer v. TresselSupreme Court Of The Territory Of Dakota · 1889
- Snow v. WinslowSupreme Court of Iowa · 1880
- Ryan v. MaxeyMontana Supreme Court · 1894
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