Donovan v. Twist
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Salem Twist, from a judgment of the-County Court of Tompkins county, entered in the office of the clerk of the county of Tompkins on the 6th day of January, 1903, upon the decision of the court rendered after a trial before the. court without a jury.
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Appeal by the defendant, Salem Twist, from a judgment of the-County Court of Tompkins county, entered in the office of the clerk of the county of Tompkins on the 6th day of January, 1903, upon the decision of the court rendered after a trial before the. court without a jury. This action is brought to foreclose a mortgage given by William W. Smith upon the 23d day of March, 1882, to plaintiff to secure a bond wherein said mortgagor became bound to pay to the plaintiff the sum of $250. This mortgage was recorded in the Tompkins county clerk’s office on the 24th day of March, 1882. At the time…
1Opinion of the Court
Smith, J.:
The mortgage sought to be foreclosed was given by the mortgagor before he had acquired title to the premises described therein, and without any covenant of seizin or warranty. The rule of law is, I think, clearly established, that such a mortgage has no greater effect than a quitclaim deed, and is not operative upon a title subsequently acquired. (Jackson v. Littell, 56 N. Y. 108; Sparrow v. Kingman, 1 id. 256; M'Crackin v. Wright, 14 Johns. 193; Jackson v. Hubble, 1 Cow. 613.) It may be that if this mortgage had contained a warranty of title or covenants of seizin, its record would…
2Cases cited4 opinions
- Tefft v. . MunsonNew York Court of Appeals · 1874
- Jackson ex dem. M'Crackin v. WrightNew York Supreme Court · 1817
- Jackson v. . LittellNew York Court of Appeals · 1874
- Jackson ex dem. Weidman v. HubbleNew York Supreme Court · 1824
3Cited by7 opinions
- Donovan v. TwistAppellate Division of the Supreme Court of the State of New York · 1907
- Donovan v. TwistAppellate Division of the Supreme Court of the State of New York · 1905
- Gray v. DelphoAppellate Terms of the Supreme Court of New York · 1916
- Donovan v. TwistAppellate Division of the Supreme Court of the State of New York · 1905
- Mayer v. BurrAppellate Division of the Supreme Court of the State of New York · 1909
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