Clark v. . McNeal
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made February 13, 1888, which affirmed a judgment entered in favor of plaintiff, upon a decision of the court on a trial at Special Term.
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Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made February 13, 1888, which affirmed a judgment entered in favor of plaintiff, upon a decision of the court on a trial at Special Term. This action was commenced to foreclose a mortgage, dated and recorded February 21, 1856, given by Jonah Miller to Abraham H. Impson to secure the payment of $1,000, in one year, with interest, according to the condition of a bond accompanying the same. Said bond and mortgage were duly assigned, for value, April 30, 1856, by Impson to…
1Opinion of the CourtVann, J.
The lien of plaintiff’s mortgage was prior to that of the mortgage of Ramsdell & Go., before they assigned it to a bona fide purchaser, because they accepted the latter without actual notice of the existence of the former. But after the purchase of the Ramsdell mortgage by the executors of De Wint, in good faith and for full value, it became, in their hands, prior in lien to that of plaintiff’s mortgage, owing to the protection afforded by the recording act. Upon the former appeal this court sought to protect the equity of plaintiff as against Rams-dell & Oo. by permitting her to acquire the…
2Cases cited5 opinions
- Kost v. BenderMichigan Supreme Court · 1872
- Church v. RulandSupreme Court of Pennsylvania · 1870
- Ely v. WilcoxWisconsin Supreme Court · 1870
- Schutt v. LargeNew York Supreme Court · 1849
- Clark v. . MacKinNew York Court of Appeals · 1884
3Cited by18 opinions
- Chergosky v. Crosstown Bell, Inc.Supreme Court of Minnesota · 1990
- Anderson v. NorthropSupreme Court of Florida · 1892
- Independent Coal & Coke Co. v. United StatesSupreme Court of the United States · 1927
- Bourquin v. BourquinSupreme Court of Georgia · 1904
- Phillips v. ChaseMassachusetts Supreme Judicial Court · 1909
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