Boies v. . Benham
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made July 6, 1889, which affirmed a judgment in favor of plaintiff entered upon the report of a referee.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made July 6, 1889, which affirmed a judgment in favor of plaintiff entered upon the report of a referee. The plaintiff, by contract with Purple Gardner, agreed to sell and convey to the latter certain premises in Schoharie county for $1,800. Afterwards, on March 11, Í884, the plaintiff received $1,000, made deed of conveyance to Gardner and took from him his bond for $800, the balance of the purchase-money, secured by mortgage on the premises. This action was brought to…
1Dissent
Follett, Ch. J.
(dissenting). Since 1805 the statutes of this state have provided that the lien of a mortgage given on land to secure the payment of its purchase-price is superior to the hen of a prior judgment against the grantee. (Chap. 99, L. 1805; 1 B. L. 714, § 15; 1 B. S. 749, § 5; ■ Code C. P. § 1254.) Since 1828 the statutes have provided that the hen of a mortgage in which the wife does not join, given on land purchased during coverture, to secure the payment of its purchase-price, is superior to the claim of the widow of the mortgagor to dower in the premises. (1 B. S. 740, § 5.) It…
2Cases cited10 opinions
- Fish v. HowlandNew York Court of Chancery · 1828
- Payne v. . WilsonNew York Court of Appeals · 1878
- Stow v. TifftNew York Supreme Court · 1818
- Clark v. MunroeMassachusetts Supreme Judicial Court · 1817
- Jackson ex dem. Beebe v. AustinNew York Supreme Court · 1818
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