Lee v. Porter
New York Court of Chancery
THE bill stated, that the defendant Porter, being indebted to Nathan Underwood, on the 31st of December, 1814, in the sum of 600 dollars, payable in four equal annual instalments, the first payable, June 1st, 1815, executed a mortgage to him of part of lot No. 28, in Freemason's patent, in the county of Oneida, described by metes and bounds, and containing 85 acres and a half.
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THE bill stated, that the defendant Porter, being indebted to Nathan Underwood, on the 31st of December, 1814, in the sum of 600 dollars, payable in four equal annual instalments, the first payable, June 1st, 1815, executed a mortgage to him of part of lot No. 28, in Freemason's patent, in the county of Oneida, described by metes and bounds, and containing 85 acres and a half. That P., before that time, had conveyed the land in fee,, to the defendant Stiles, who, with P. was in possession, at the time of executing the mortgage, and knew and assented to the giving of the mortgage to the…
1Opinion of the Court
The Chancellor.
1. When the mortgage in question was given by Porter, the title to the mortgaged premises was in Stiles, the other defendant; but under the circumstances °f the case, the defendant S. ought to he estopped from setting up bis title in bar of that mortgage. The defendant S. ™ his answer, denies that the mortgage was given with his knowledge or assent; but there are two witnesses (TV. BumPus ai,d Underwood,) who contradict the answer in this Particular, and declare that the defendant S. was knowing ancj assenting to the mortgage, when it was given. It is ° " also in proof, and is…
2Cited by2 opinions
- Board of Excise of Westchester v. CurleyNew York Court of Appeals · 1877
- Vellum v. DemerleNew York Supreme Court · 1892