Clark v. . MacKin
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made September 11, 1883, which affirmed that portion of the judgment herein which dismissed the complaint as to defendants Mackin and Yerplanck, which judgment was entered upon a decision of the court on trial at Special Term.
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Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made September 11, 1883, which affirmed that portion of the judgment herein which dismissed the complaint as to defendants Mackin and Yerplanck, which judgment was entered upon a decision of the court on trial at Special Term. (Reported below, 30 Hun, éll.) This action was brought to foreclose a mortgage executed in February, 1856, by Jonah Miller to Abraham Impson, to secure the payment of his bond for $1,000. Impson assigned the mortgage to Matilda Durland, April 30, 1856,…
1Opinion of the CourtMiller, J.
Within well-settled rules the mortgage belong-
ing to the plaintiff was not entitled to a priority over the mortgage held by Maekin and Yerplanck as executors. The assignment of the mortgage held by them was taken without any knowledge, or notice, of the existence of the mortgage held by the'plaintiff, which had been satisfied of record, and under such circumstances the plaintiff had no right to priority. The authorities settle this question beyond any controversy, and the respondents, as bona fide purchasers, were clearly entitled to a preference over the plaintiff’s mortgage. (Van Keuren v.…
2Cases cited2 opinions
- Twombly v. . CassidyNew York Court of Appeals · 1880
- Van Keuren v. . CorkinsNew York Court of Appeals · 1876
3Cited by5 opinions
- Clark v. . McNealNew York Court of Appeals · 1889
- Bunnell v. CarterUtah Supreme Court · 1896
- Connecticut Mutual Life Insurance v. CornwellNew York Supreme Court · 1893
- Clark v. McNealNew York Supreme Court · 1888
- Clark v. UlrichSuperior Court of Buffalo · 1888