Bussing v. Whitaker
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, John Henry Charles Bussing and another, from a judgment of the County Court of Kings county, entered in the office of the clerk of said county on the 18th day of September, 1916, upon the decision of the court after a trial before the judge without a jury, and also from an order entered in said clerk’s office on the 29th day of May, 1916.
1Opinion of the Court
Thomas, J.:
The respondent, Mrs. Whitaker, a woman advanced in age, at the request of her nephew, who owned the land, paid to Muir, the holder, a mortgage thereon, took the same with the *96accompanying bond and a satisfaction thereof, caused the satisfaction piece to be filed, as well as a new mortgage given her by her nephew with a representation that it was the first lien. She has been allowed subrogation to the rights of the holder of the discharged mortgage, because there was a second mortgage, owned by the plaintiffs, which of record became the first upon the satisfaction of the Muir…