People ex rel. Eagle v. Keyser4
New York Court of Appeals
Appeal from an order of tlie Supreme Court, First District, refusing a mandamus. The proceeding was instituted by William Eagle against John Keyser. A motion was made on due notice, in the Supreme Court, at special term, for a mandamus, directed to the register of the city and county of New York, commanding him to file a satisfaction-piece of a mortgage recorded in his office, and to cancel and discharge of record the mortgage. The motion was denied by order of the court.
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Appeal from an order of tlie Supreme Court, First District, refusing a mandamus. The proceeding was instituted by William Eagle against John Keyser. A motion was made on due notice, in the Supreme Court, at special term, for a mandamus, directed to the register of the city and county of New York, commanding him to file a satisfaction-piece of a mortgage recorded in his office, and to cancel and discharge of record the mortgage. The motion was denied by order of the court. On appeal, the court, at general term, reversed that order, and directed a mandamus to issue, commanding the register to…
1Opinion of the Court
By the Court.—Balcom, J.
According to the decision of this court, in Peck a. Mallams (10 N. Y. (6 Seld., 509) ), the words “ Executors of the Estate of James Espié, deceasedannexed to the names of the mortgagees, must he 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…
2Cases cited10 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
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