National Fire Insurance Company v. . McKay
New York Court of Appeals
Appeal from the Supreme Court. Action to foreclose a mortgage, made by Joseph W. Savage to the plaintiff. The defendant McKay by his answer set up this state of facts: In June, 1847, the plaintiff, in consideration of $10,000, conveyed the premises in question to one Savage, by deed with covenants of seizin, quiet possession, against incumbrances* and for further assurance, and with a covenant of general warranty.
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Appeal from the Supreme Court. Action to foreclose a mortgage, made by Joseph W. Savage to the plaintiff. The defendant McKay by his answer set up this state of facts: In June, 1847, the plaintiff, in consideration of $10,000, conveyed the premises in question to one Savage, by deed with covenants of seizin, quiet possession, against incumbrances* and for further assurance, and with a covenant of general warranty. Savage paid $2,000, part of the purchase money, and executed a bond and the-mortgage in question to secure the balance. McKay was jointly interested with Savage in the purchase' and…
1Opinion of the Court
Comstock, Ch. J.
The situation of the several defendants and their relations to the controversy are as follows: Savage was the mortgagor and was personally bound for the payment of the debt. McKay was the purchaser of the premises subject to the mortgage, but in his answer he insisted that all his right and title had passed to the defendant Steele under the tax sale. Steele was the purchaser at the tax sale, and in his answer he claims to have acquired by that purchase a title to a portion of the premises which overreached the mortgage. Savage, the mortgagor, did not answer the complaint.
Upon…
2Cited by29 opinions
- American Guild v. . DamonNew York Court of Appeals · 1906
- Meyer v. QuiggleCalifornia Supreme Court · 1903
- Dietrich v. KochWisconsin Supreme Court · 1874
- Lipman v. Jackson Architectural Iron WorksNew York Court of Appeals · 1891
- Hunt v. . ChapmanNew York Court of Appeals · 1873
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