Legal Opinion

Gates v. . De La Mare

New York Court of Appeals

Decided May 1, 1894PublishedCited by 40 opinions

Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made November 18,1892, which affirmed an interlocutory judgment, entered upon an order of Special Term, overruling plaintiffs’ demurrer to the answer herein, and directed a final judgment in favor of defendant.

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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made November 18,1892, which affirmed an interlocutory judgment, entered upon an order of Special Term, overruling plaintiffs’ demurrer to the answer herein, and directed a final judgment in favor of defendant. The question presented upon this appeal arises upon the following facts; September 16,1887, one Denninger, being the owner of certain lands in the city of New York, on that day executed, together with his wife, to the Harlem Savings Bank a mortgage thereon for $5,000.…

1Opinion of the Court

Andrews, Ch. J.

The mortgage to the Harlem Savings Bank was a paramount lien on the mortgaged property. The title of Denninger was subject to the mortgage, and any rights in the land 'which he might subsequently create would be subordinate to the mortgage. The power of sale upon default in the payment of the mortgage was an essential element of the mortgage security, and could not he taken away or impaired by any act or contract of the mortgagor. The lien of a mortgage attaches not only to the land in the condition in which it was at the execution of the mortgage, but to everything which…

2Cases cited3 opinions

  1. In the Matter of Opening Eleventh AvenueNew York Court of Appeals · 1880
  2. In re Mayor of New-YorkNew York Supreme Court · 1828
  3. The Bank of Auburn v. . RobertsNew York Court of Appeals · 1870

3Cited by40 opinions

  1. Matter of Van Etten v. . City of New YorkNew York Court of Appeals · 1919
  2. Matter of City of New York (Houghton Ave.)New York Court of Appeals · 1934
  3. Magee v. . City of BrooklynNew York Court of Appeals · 1894
  4. Bates v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1905
  5. Deering v. . SchreyerNew York Court of Appeals · 1902

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