Potter v. . Rowland
New York Court of Appeals
This action was brought by the plaintiffs as purchasers at a sheriff’s sale upon execution against one John W. Clark, to redeem certain lands in the city of Buffalo, which the defendants held under a sale upon a decree foreclosing a mortgage prior to the judgments upon which the executions were issued.
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This action was brought by the plaintiffs as purchasers at a sheriff’s sale upon execution against one John W. Clark, to redeem certain lands in the city of Buffalo, which the defendants held under a sale upon a decree foreclosing a mortgage prior to the judgments upon which the executions were issued. It was alleged in the complaint that on the twelfth day of November, 1831,» Clark mortgaged the premises to Thomas Day: that between that time and the twentieth day of July, 1840, the several judgments under which the plaintiffs held "were recovered against Clark: that on the twentieth day of…
1Opinion of the CourtWillard, J.
It appears by the complaint that the mortgage was in fact recorded in the clerk’s office in the county of Erie on the 12th November, 1831. And it appears by the affidavit ■annexed to the notice of lis pendens, that the said notice was on the 24th July, 1840, filed in the office of the clerk of Erie county. These facts are admitted by the demurrer. The notice describes the premises as being situate in Buffalo, in the county of Erie; and the recording act (1 R.S. 756,) requires every conveyance of real estate to be recorded' in the office of the clerk of the county where such real estate shall…
2Cases cited1 opinion
- Curtis v. HitchcockNew York Court of Chancery · 1843
3Cited by4 opinions
- Mechanics Exchange Savings Bank v. ChesterfieldAppellate Division of the Supreme Court of the State of New York · 1970
- Danziger v. SimonsonThe Superior Court of New York City · 1886
- Potter v. RowlandNew York Court of Appeals · 1853
- White v. CoulterNew York Supreme Court · 1874