Heilbrun v. Hammond
New York Supreme Court
Appeal by tbe defendant Hammond from a judgment in tbe above action, entered after a trial by the court without a jury. The action was brought to foreclose a mortgage. The recording of a mortgage is notice to all the world that such an incumbrance exists. The discharge of the record must be an official destruction of such notice. {Frost v. Beekmam, 1 Johns. Oh., 288; Peck v. Mallams, 10 N. Y., 519, 520.) The respondent had a right to rely upon the records.
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Appeal by tbe defendant Hammond from a judgment in tbe above action, entered after a trial by the court without a jury. The action was brought to foreclose a mortgage. The recording of a mortgage is notice to all the world that such an incumbrance exists. The discharge of the record must be an official destruction of such notice. {Frost v. Beekmam, 1 Johns. Oh., 288; Peck v. Mallams, 10 N. Y., 519, 520.) The respondent had a right to rely upon the records. (Yam Kewren v. Oorkms, 66 N. Y., 77.) Even if the record of an assignment of a mortgage be notice to one dealing subsequently with the…
1Opinion of the Court
Ingalls, J.:
This appeal presents a question of considerable practical importance, and not free from difficulty. So much has been decided in regard to the recording acts and so much discussion indulged not strictly essential to the disposition of the particular case, that it is difficult to discover what is really settled by the decisions. The facts of this ease which bear upon the question involved in this controversy are substantially as follows : Amanda A. Bacey, in March, 1873, was the owner of premises described as No. 20 "West Thirteenth street, in the city of New York, which were…
2Cases cited7 opinions
- Frost v. BeekmanNew York Court of Chancery · 1814
- Greene v. . WarnickNew York Court of Appeals · 1876
- Van Keuren v. . CorkinsNew York Court of Appeals · 1876
- Ely v. ScofieldNew York Supreme Court · 1861
- Mason v. AnthonyNew York Court of Appeals · 1867
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