Donovan v. Twist
Appellate Division of the Supreme Court of the State of New York
Appeal from Tompkins County Court. Action by John Donovan against Salem Twist and others. From a judgment dismissing the complaint, plaintiff appeals. Reversed.
1Opinion of the CourtSmith, J.
When this case was here upon a former appeal, we held that a mortgage containing no covenants of seisin or warranty, executed and recorded before the mortgagor had acquired title to the premises described therein, has no greater effect than a quitclaim deed, and is not enforceable against the premises, in the hands of a person who purchased them for value from the mortgagor’s heir at law without actual notice of the existence of the mortgage. 85 App. Div. 130, 83 N. Y. Supp. 76. Upon the record then presented there was no evidence of any facts which would estop the mortgagor himself, in…
2Cases cited4 opinions
- Tefft v. . MunsonNew York Court of Appeals · 1874
- Oliphant v. . BurnsNew York Court of Appeals · 1895
- Donovan v. TwistAppellate Division of the Supreme Court of the State of New York · 1903
- In re Miller's EstateNew York Surrogate's Court · 1890
3Cited by2 opinions
- Ludy v. ZumwaltCalifornia Court of Appeal · 1927
- Dushan v. Metropolitan Life InsuranceCourt of Appeals of Tennessee · 1926