Trustees of Union College v. Wheeler
New York Court of Appeals
Appeal from so much of the judgment of the General Term of the Supreme Court, in the fourth judicial department, as affirms in part a'judgment dismissing the plaintiff’s complaint, entered on the report of the referee.
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Appeal from so much of the judgment of the General Term of the Supreme Court, in the fourth judicial department, as affirms in part a'judgment dismissing the plaintiff’s complaint, entered on the report of the referee. (Reported below 5 Lans, 160; 59 Barb., 385.) This action was brought to foreclose a mortgage executed by Philo Stevens to Benjamin Rott, to secure the payment of $2,800. It bears date July 18th, 1833, and was recorded August 8th, 1833. It covered, when- given, four pieces of land, viz.: Three in the then village of Oswego and a large tract in the town Scriba. The mortgage was…
1Opinion
A motion having been made for reargument, the following opinion was given, on denying the motion. The plaintiff in this cause moves for a reargument on three grounds:
First. That this court erred in holding that the plaintiff took the same position in respect to the mortgage which was the subject of foreclosure in the present action as its assignor, Nott, the mortgagee. Second. That the court should have held, that where the contracts owned by the respondents were assigned, subsequent to the record of the mortgage, the plaintiff has a lien for the purchase-money unpaid at the time of such…
2Cases cited17 opinions
- Kortright v. . CadyNew York Court of Appeals · 1860
- Olds v. CummingsIllinois Supreme Court · 1863
- Bush v. . LathropNew York Court of Appeals · 1860
- Moore v. . Metropolitan National BankNew York Court of Appeals · 1873
- Schafer v. . ReillyNew York Court of Appeals · 1872
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