Viele v. . Judson
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, affirming so much of the judgment herein as was in favor of defendant Judson. (Reported below, 15 Hun, 328.) This was an action to foreclose a mortgage executed by defendant Decker to one Vaughn, and by him assigned to plaintiff.
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Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, affirming so much of the judgment herein as was in favor of defendant Judson. (Reported below, 15 Hun, 328.) This was an action to foreclose a mortgage executed by defendant Decker to one Vaughn, and by him assigned to plaintiff. The defendant Judson alone appeared and answered, setting up a discharge of plaintiff’s mortgage, and claiming a priority of lien by virtue of a subsequent mortgage held by him. Plaintiff’s mortgage was for $1,200; it was dated November ' 4, 1870; the assignment was…
1Opinion of the CourtFinch, J.
The effect of the recording acts upon the rights of Yiele as assignee of the mortgage given by Decker to Yaughn and by the latter discharged fraudulently, and without authority, presents the primary question in this case. The record of such an assignment is not constructive notice to the subsequent purchasers and incumbrancers of the land deriving a title in good faith from the mortgagor, but is constructive notice to all persons claiming a right under the mortgagee by assignment or otherwise. (Campbell v. Vedder, 3 Keyes, 174; Gilligv. Maas, 28 N. Y. 191; Purdy v. Huntington, 42 id. 334;…
2Cases cited8 opinions
- Bush v. . LathropNew York Court of Appeals · 1860
- Greene v. . WarnickNew York Court of Appeals · 1876
- Gregg v. Von PhulSupreme Court of the United States · 1864
- Van Keuren v. . CorkinsNew York Court of Appeals · 1876
- Gillig v. . MaassNew York Court of Appeals · 1863
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3Cited by52 opinions
- Rothschild v. . Title Guarantee Trust Co.New York Court of Appeals · 1912
- Thompson v. . SimpsonNew York Court of Appeals · 1891
- Wiser v. LawlerSupreme Court of the United States · 1903
- New York Rubber Co. v. RotheryNew York Court of Appeals · 1887
- Cornish v. WoolvertonMontana Supreme Court · 1905
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