De Lancey v. . Stearns
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department affirming a judgment in favor of plaintiff, entered upon a decision of the court at Special Term. This action was for the foreclosure of a mortgage given by defendants Jane B. Hyde and William A. Hyde, her husband, to plaintiff, dated July 1, 1870, on certain premises in Brooklyn.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department affirming a judgment in favor of plaintiff, entered upon a decision of the court at Special Term. This action was for the foreclosure of a mortgage given by defendants Jane B. Hyde and William A. Hyde, her husband, to plaintiff, dated July 1, 1870, on certain premises in Brooklyn. The mortgage was not recorded until October 25, 1873. The court found, in substance, that, after the giving of said mortgage, and about October 1, 1870, said Jane B. Hyde, with her husband, executed a mortgage upon the…
1Opinion of the CourtRapallo, J.
The omission of the plaintiff to record his mortgage rendered it void only as against subsequent purchasers, in good faith for value, whose conveyances should be first duly recorded.
The appellant Oscar H. Steams does not occupy that position. The judge finds that the deed to him from the mortgagors was without any valuable consideration, and was received by him with full notice of the plaintiff’s mortgage. By the terms of the deed, the property was conveyed to him “ subject to all existing incumbrances on said premises.” In his answer, he denies the allegation in the complaint that the…
2Cases cited4 opinions
- Dickerson v. TillinghastNew York Court of Chancery · 1833
- Schafer v. . ReillyNew York Court of Appeals · 1872
- Jackson ex dem. Hyer v. Van ValkenburghNew York Supreme Court · 1828
- Fort v. BurchNew York Supreme Court · 1848
3Cited by19 opinions
- Hartley v. MillerMichigan Supreme Court · 1911
- O'Brien v. . FleckensteinNew York Court of Appeals · 1905
- Young v. . GuyNew York Court of Appeals · 1882
- Cassidy v. HarrelsonColorado Court of Appeals · 1892
- Dunn v. DunnAppellate Division of the Supreme Court of the State of New York · 1912
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