Mutual Life Insurance v. Dake
New York Supreme Court
Trial by the court.. The Mutual Life Insurance Company of New York, brought this action against Jabez W. Dake, William Teeple and others, to foreclose a mortgage, which was executed by the defendants, Teeple and his wife, to the plaintiffs, on the 4th of June, 1870, upon lands in Livingston county, to secure the payment of the sum of $2,000, with interest.
Read the full summary
Trial by the court.. The Mutual Life Insurance Company of New York, brought this action against Jabez W. Dake, William Teeple and others, to foreclose a mortgage, which was executed by the defendants, Teeple and his wife, to the plaintiffs, on the 4th of June, 1870, upon lands in Livingston county, to secure the payment of the sum of $2,000, with interest. On the 7th of December, 1870, the plaintiffs left the mortgage at the office of the clerk of Livingston county, for record, and paid the fees for recording it. On the same day, the clerk duly transcribed the mortgage, in full, in the proper…
1Opinion of the Court
James C. Smith, J. [After stating the above facts.]
—The claim of the defendant, just above stated, presents the principal question, if not the only one, in the case. It is a very important question, not .only to the parties, but to ail persons who may have occasion to record conveyances in the clerk’s office, or to search for conveyances recorded by others. It is not a little surprising to find that a question so likely to come up frequently has not arisen in any reported case in this State. I suppose the usual practice in searching the records in the clerk’s office, is to consult the index,…
2Cases cited8 opinions
- Buchan v. SumnerNew York Court of Chancery · 1847
- Beekman v. FrostNew York Supreme Court · 1820
- Dodge v. PotterNew York Supreme Court · 1854
- Conklin v. HindsSupreme Court of Minnesota · 1871
- Brown v. DeanNew York Supreme Court · 1829
3 more not listed; retrieve them via the Exa API.