Mutual Life Insurance v. Wilcox
New York Supreme Court
On February 8, 1866, the defendant S. H. Wilcox and wife gave to one David D. Houston the bond and mortgage described in the complaint herein to secure the payment óf $9,000, a portion of the purchase-money of the premises described in said mortgage. This mortgage was recorded in Orange county records in book 134 of mortgages, page 498, on February 12, 1866. The mortgaged premises are all situated in the county of Orange, Hew York.
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On February 8, 1866, the defendant S. H. Wilcox and wife gave to one David D. Houston the bond and mortgage described in the complaint herein to secure the payment óf $9,000, a portion of the purchase-money of the premises described in said mortgage. This mortgage was recorded in Orange county records in book 134 of mortgages, page 498, on February 12, 1866. The mortgaged premises are all situated in the county of Orange, Hew York. On June 30,1868, the said Wilcox and wife, by deed dated on that day, conveyed twenty-eight feet of the mortgaged premises to Stephen S. Conkling, which deed was…
1Opinion of the CourtPratt, J.
My first impression was that the plaintiff had constructive notice of the title of the defendant, the village of Middletown, at the time it took the assignment of the mortgage in suit; biit, upon a more careful examination of the case, I am constrained to hold that such a view is not correct.
Both the warrantee deeds referred to, from which it is claimed notice to the plaintiff must be inferred, are subsequent to the mortgage, and they contain no recitals inconsistent with the title of the mortgagee.
The general rule is, that where the possessor of land causes the registry of a particular title…
2Cases cited4 opinions
- Brown v. . VolkeningNew York Court of Appeals · 1876
- Trustees of Union College v. WheelerNew York Court of Appeals · 1874
- Hankins v. Mayor of New YorkNew York Court of Appeals · 1876
- Purdy v. HuntingtonNew York Supreme Court · 1866
3Cited by3 opinions
- Briggs v. ThompsonNew York Supreme Court · 1895
- Baker v. ThomasNew York Supreme Court · 1891
- Frear v. . SweetNew York Court of Appeals · 1890