Kortright v. Cady
New York Supreme Court
Appeal from a judgment of the special term. This action was commenced in 1847 in the Supreme Court in equity, by a bill for the foreclosure of a mortgage, by Nicholas G-. Kortright against Joseph Blunt, John Holmes Agnew and Emeline his wife, and Howard C. Cady. The action came on to be tried before Mr. Justice Cowles at special term, March 16, 1855, when the following facts were proved, and were found by the judge as his conclusions of fact.
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Appeal from a judgment of the special term. This action was commenced in 1847 in the Supreme Court in equity, by a bill for the foreclosure of a mortgage, by Nicholas G-. Kortright against Joseph Blunt, John Holmes Agnew and Emeline his wife, and Howard C. Cady. The action came on to be tried before Mr. Justice Cowles at special term, March 16, 1855, when the following facts were proved, and were found by the judge as his conclusions of fact. The mortgage in question, bearing date February 2,1846, was made by the defendant Joseph Blunt, then owner in fee of the mortgaged premises, to Jonathan…
1Opinion of the Court
By the Court*,—Mitchell, J.
—Blunt, owner of the lands in question, mortgaged them to Miller, who assigned the mortgage to the plaintiff. Blunt then conveyed to Agnew, expressly subject to the mortgage, and the latter in 1847 conveyed to Cady; but Cady does not set up in his answer that he paid any thing on the conveyance, or that he did not know of the mortgage, or was not to take subject to it. The deed to him purports to be for $3500, and contains full covenants, without any exceptions. This action was commenced in July, 1847, against all the defendants but Cady, under the old chancery…
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