People Ex Rel Eagle v. Keyser
New York Court of Appeals
The relator made a motion, on affidavit and notice, at a special term of the Supreme Court in the city of Yew York, for a writ of mandamus to be directed to John Keyser, register of the city and county of Yew York, commanding him to receive on file in his office a -satisfaction piece of a mortgage, and to cancel and discharge the mortgage of record.
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The relator made a motion, on affidavit and notice, at a special term of the Supreme Court in the city of Yew York, for a writ of mandamus to be directed to John Keyser, register of the city and county of Yew York, commanding him to receive on file in his office a -satisfaction piece of a mortgage, and to cancel and discharge the mortgage of record. The mortgage had been recorded in the office of the register, and was made- by the relator to “Samuel Haycock and John Wright, executors of the estate of James Espié, deceased, of the second part,” to secure the payment of $1200 to “the said party…
1Opinion of the Court
According to the decision of this court in Peck v. Mallams, (6 Selden, 509,) the words "executors of the estate of James Espie, deceased," annexed to the names of the mortgagees, must be held to be merely descriptive of the persons to whom the mortgage was given; and as the money mentioned in the mortgage was payable to Maycock and Wright, their "executors, administrators or assigns," the register was bound to regard the mortgage as the private property of the mortgagees, their executors, administrators or assigns. His duty would have been different if the mortgage on its face had showed it…
2Cases cited8 opinions
- Stuyvesant v. HallNew York Court of Chancery · 1847
- Murray v. BlatchfordCourt for the Trial of Impeachments and Correction of Errors · 1828
- Pierson v. HookerNew York Supreme Court · 1808
- Austin v. HallNew York Supreme Court · 1816
- Douglass v. SatterleeNew York Supreme Court · 1814
3 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Action Auto, Inc v. AndersonMichigan Court of Appeals · 1988
- Ohio & Mississippi Railway Co. v. TrapIndiana Court of Appeals · 1892
- Peck v. LampkinSupreme Court of Alabama · 1917
- Allen v. Corn Exchange BankAppellate Division of the Supreme Court of the State of New York · 1903
- State ex rel. Cartwright v. HolmesIndiana Supreme Court · 1879
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