Dusenbury v. Hulbert
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, affirming a judgment in favor of plaintiff entered upon a decision of the court at Special Term. This was an action to foreclose a mortgage executed by John La Grange to Lewis Seymour, plaintiff’s testator, upon lands in Cortland county. Defendant George A. Hulbert was made a party, as assignee, of a mortgage made by La Grange to George O. Bowen.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, affirming a judgment in favor of plaintiff entered upon a decision of the court at Special Term. This was an action to foreclose a mortgage executed by John La Grange to Lewis Seymour, plaintiff’s testator, upon lands in Cortland county. Defendant George A. Hulbert was made a party, as assignee, of a mortgage made by La Grange to George O. Bowen. Hulbert answered alleging his mortgage to be a purchase-money mortgage and a prior lien. The facts which were undisputed were briefly as follows : On the…
1Opinion of the Court
Church, Ch. J.
This is a eontestfor priority of mortgages. There are two aspects in which to consider the plaintiff’s mortgage, one. as a prior and the other as a subsequent lien. If it is to be deemed as executed and delivered on the first day of April the question is, whether it was a prior lien to that of the Bowen mortgage. I think it very clear that it was not. It would attach, as between the parties, to whatever equitable interest La Grange had by virtue of his contract of purchase, and on the sixth it would attach to such further interest as he then acquired, but that interest was the…
2Cases cited8 opinions
- Williamson v. . BrownNew York Court of Appeals · 1857
- Dickerson v. TillinghastNew York Court of Chancery · 1833
- Cary v. . WhiteNew York Court of Appeals · 1873
- Wood v. . RobinsonNew York Court of Appeals · 1860
- Jackson ex dem. Watson v. McKennyNew York Supreme Court · 1829
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3Cited by5 opinions
- Guest v. . the City of BrooklynNew York Court of Appeals · 1877
- Hotchkiss v. EltingNew York Supreme Court · 1861
- In re BridgfordNew York Supreme Court · 1892
- Flood v. Van WormerNew York Supreme Court · 1893
- Verdin v. City of St. LouisSupreme Court of Missouri · 1895