Seymour v. . McKinstry
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made January 13, 1885, which affirmed a judgment in favor of plaintiff, entered, upon a decision of the court on trial at Special Term. This action was brought by plaintiff, as vendor of real estate, to have an equitable prior lien declared in his favor as vendor for unpaid purchase-money. The facts are sufficiently stated in the opinion.
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] The questions in this case are between the plaintiff, as an unpaid vendor of real estate, and the defendants, one as mortgagee and the other as assignee of the mortgage given by the vendee of the land. The controversy relates to the priority of their claims in those capacities. The court below decided in favor of the vendor's lien,…
2Cases cited7 opinions
- Weaver v. . BardenNew York Court of Appeals · 1872
- Cook v. . TravisNew York Court of Appeals · 1859
- Simpson v. . Del HoyoNew York Court of Appeals · 1883
- The First National Bank v. . GreenNew York Court of Appeals · 1871
- Dusenbury v. . HulbertNew York Court of Appeals · 1875
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3Cited by41 opinions
- McCandless v. FurlaudSupreme Court of the United States · 1935
- Wright-Blodgett Co. v. United StatesSupreme Court of the United States · 1915
- Lucas v. WadeSupreme Court of Florida · 1901
- Bowman v. GriffithNebraska Supreme Court · 1892
- Turman v. BellSupreme Court of Arkansas · 1891
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