Frear v. . Sweet
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 December 14, 1886, which affirmed a judgment in favor of defendants, 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 December 14, 1886, which affirmed a judgment in favor of defendants, entered upon a decision of the court on trial at Special Term. This action was brought to foreclose a mortgage executed by defendant, Franklin Sweet, to Francis Creed, hearing date May 1, 1873, to secure the payment of $2,000, in five years thereafter, said sum being a part of the sum of $2,500, the purchase-price of a farm or a lot of land at, that time conveyed by said Creed to said Sweet. The…
1DissentVann, J.
(dissenting.) Assuming that the release, as between the parties thereto, took effect immediately, the same as if it had been duly acknowledged, the question remains whether a release of part of mortgaged premises is subject to the recording act.
In Decker v. Boice (83 N. Y. 215), it was held that while an assignee in good faith, and for a valuable consideration, of a recorded mortgage, gets no preference over a prior unrecorded deed or mortgage by reason of such record, when his assignor could not claim it on account of notice or any other equity, still as such assignee is a purchaser and his…
2Cases cited4 opinions
- Decker v. . BoiceNew York Court of Appeals · 1880
- Bacon v. . Van SchoonhovenNew York Court of Appeals · 1882
- Smyth v. . Knickerbocker Life Insurance Co.New York Court of Appeals · 1881
- Mutual Life Insurance v. WilcoxNew York Supreme Court · 1878