Thompson v. Somerville
New York Supreme Court
On the 18th of June, 1845, E. J. Moore owned two vacant lots of land adjoining ®ach other each 25 by 92 feet, pn the; south side of Seventeenth-street west of the fifth avenue. At the same time E. S. Mesier owned the vacant lots on each side of Moore’s two lots.
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On the 18th of June, 1845, E. J. Moore owned two vacant lots of land adjoining ®ach other each 25 by 92 feet, pn the; south side of Seventeenth-street west of the fifth avenue. At the same time E. S. Mesier owned the vacant lots on each side of Moore’s two lots. On that day they entered into an agreement, under their hands and seals, whereby they recited that Moore was about to build a brick house on each of his two lots, so that one-half of the easterly wall of the easterly house should be on his easterly lot and the other half on Mesier’s adjoining lot; and also that the one half of the…
1Opinion of the Court
By the Court, Mitchell, J.
The mortgage to the insurance company described Moore’s lot by metes and bounds, so as to include his lot alone, without any reference to Mesier’s. Somerville has no right except such as the mortgagees had. If 'the mortgage conveyed no interest in Mesier’s lot, and no right to claim payment from Mesier for half of a wall to be afterwards built on his lot, the purchaser under the mortgage could have no right to any such payment. No agreement made by Moore, after the mortgage was executed, could affect the mortgage. The mortgagee would not be bound by it, and could not…
2Cases cited4 opinions
- Simers v. SaltusNew York Supreme Court · 1846
- M'Kirhcer v. HawleyNew York Supreme Court · 1819
- Jackson ex dem. Ferris v. FullerNew York Supreme Court · 1809
- Jones v. ClarkNew York Supreme Court · 1822
3Cited by3 opinions
- Hendricks v. . StarkNew York Court of Appeals · 1867
- Hendricks v. StarkNew York Court of Appeals · 1867
- Moran v. Pittsburgh, C. & St. L. Ry. Co.United States Circuit Court · 1887