Hicks v. Williams
New York Supreme Court
This was an appeal by the defendant from a judgment entered upon the report of a referee. The facts sufficiently appear in the opinion of the court. I. The mortgage should have been filed at the time it was given, and not having been thus filed, was void as against the defendant, who was a purchaser in good faith, at a constable’s sale.
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This was an appeal by the defendant from a judgment entered upon the report of a referee. The facts sufficiently appear in the opinion of the court. I. The mortgage should have been filed at the time it was given, and not having been thus filed, was void as against the defendant, who was a purchaser in good faith, at a constable’s sale. The filing is in lieu of actual change of possession, and therefore should have been immediate; (2 R. S. 136, §§ 5, 9, 10. Camp v. Camp and others, 2 Hill, 628. Wood v. Lowry, 17 Wend. 492, 496.) II. There is no evidence that the mortgagor lived in Schrceppel…
1Opinion of the Court
By the Court, Bacon, J.
The facts of this case, as disclosed by the evidence, are substantially as follows: On the 5th of June, 1851, the plaintiff sold to one Bishop a canal boat, called “ No. 80 of Podunk,” and took a chattel mortgage thereon to secure some notes given by Bishop as a part of the purchase money. The mortgage was filed in the office of the clerk of the town of Schrceppel, Oswego county, on the 16th of September* 1851, where the referee finds Bishop then resided. On the 8th of July, 1852, one Patrick Gainer obtained a judgment against Bishop, upon an attachment previously…
2Cases cited1 opinion
- Farmers' Delight v. LawrenceNew York Supreme Court · 1830
3Cited by10 opinions
- Handley v. HarrisSupreme Court of Kansas · 1892
- Hammels v. SentousCalifornia Supreme Court · 1907
- Cool v. RocheNebraska Supreme Court · 1886
- Skilton v. CodingtonAppellate Division of the Supreme Court of the State of New York · 1903
- Grand Island Banking Co. v. FreyNebraska Supreme Court · 1888
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