Boies v. . Benham
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made July 6, 1889, which affirmed a judgment in favor of plaintiff entered upon the report of a referee.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made July 6, 1889, which affirmed a judgment in favor of plaintiff entered upon the report of a referee. The plaintiff, by contract with Purple Gardner, agreed to sell and convey to the latter certain premises in Schoharie county for $1,800. Afterwards, on March 11, Í884, the plaintiff received $1,000, made deed of conveyance to Gardner and took from him his bond for $800, the balance of the purchase-money, secured by mortgage on the premises. This action was brought to…
1Opinion of the CourtBkadley, J.
The plaintiff had an equitable lien for the purchase-money unpaid until the substitution for it of the legal lien of the mortgage taken by him to secure the payment of the balance of the purchase-money. (Fish v. Howland, 1 Paige, 20; Payne v. Wilson, 74 N. Y. 348.) And the conveyance having been made and the mortgage taken by him in the same transaction, the former will be deemed made subject to the latter, and in practical effect the grantee took by the deed the equity of redemption only. (Stow v. Tifft, 15 Johns. 458 ; Jackson ex dem. v. McKenny, 3 Wend. 233 ; Rawson v. Lampman, 5 N. Y.…
2Cases cited10 opinions
- Fish v. HowlandNew York Court of Chancery · 1828
- Payne v. . WilsonNew York Court of Appeals · 1878
- Stow v. TifftNew York Supreme Court · 1818
- Clark v. MunroeMassachusetts Supreme Judicial Court · 1817
- Jackson ex dem. Watson v. McKennyNew York Supreme Court · 1829
5 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Szerdahelyi v. HarrisNew York Court of Appeals · 1986
- Syracuse Savings & Loan Ass'n v. HassNew York Supreme Court · 1929
- Troyer v. MundyCourt of Appeals for the Eighth Circuit · 1932
- Giragosian v. ClementAppellate Division of the Supreme Court of the State of New York · 1993
- In re the Estate of CrimminsNew York Surrogate's Court · 1936
11 more not listed; retrieve them via the Exa API.