Dorsey v. Abernathy

William E. Brennan, Jr., J.

The defendants move for judgment on the pleadings (complaint, answer and bill of particulars). The complaint alleges that plaintiff’s testator in 1954 received a mortgage from the Abernathy defendants, owners of real property in Suffolk County which was the subject of Torrens registration (Eeal Property Law, art. 12). The mortgage was recorded in the County Clerk’s office, but was not filed in the Eegistrar’s office and so no memorial thereof was made upon the certificate of title (Eeal Property Law, §§ 403, 409, 415, 416). It also appears that prior to the events…