Briggs v. Thompson
New York Supreme Court
Appeal from Dutchess county court. Action by Edgar A. Briggs and another, executors, against Elizabeth C. Thompson and others, to foreclose a mortgage. From a judgment for plaintiffs, defendants appeal.
1Opinion of the CourtBrown, P. J.
The question presented on this appeal is whether the plaintiffs, who are assignees of a mortgage, can enforce it against a purchaser of a part of the mortgaged property, who is in possession, and who holds his title under a prior recorded deed from the mortgagor and a prior unrecorded release from the mortgagee. The facts of the case are undisputed. On May 4, 1863, Jacob M. Ousterhout executed the mortgage in question to David and Mary Fish. On May 2, 1867, the mortgagees released to Ousterhout 27 acres of the mortgaged land, and on the same day Ousterhout conveyed said 27 acres to Benjamin…
2Cases cited5 opinions
- Cook v. . TravisNew York Court of Appeals · 1859
- Fassett v. . SmithNew York Court of Appeals · 1861
- Brewster v. . CarnesNew York Court of Appeals · 1886
- Mutual Life Insurance v. WilcoxNew York Supreme Court · 1878
- Baker v. ThomasNew York Supreme Court · 1891
3Cited by3 opinions
- Gibson v. . ThomasNew York Court of Appeals · 1905
- Gibson v. . ThomasNew York Court of Appeals · 1905
- Gibson v. ThomasAppellate Division of the Supreme Court of the State of New York · 1903