Bingham v. Kirkland
Supreme Court of New Jersey
This is an appeal from an order advised by Vice-Chancellor Van Fleet dismissing a cross-bill. It' is a decree in a suit originally brought by Charles Kirkland, trustee of Catherine A.- Mower, to foreclose a mortgage upon forty acres of land in Bergen' county, made by Thomas Howland and wife to Catherine F. Dana, and by her assigned to Kirkland.
Read the full summary
This is an appeal from an order advised by Vice-Chancellor Van Fleet dismissing a cross-bill. It' is a decree in a suit originally brought by Charles Kirkland, trustee of Catherine A.- Mower, to foreclose a mortgage upon forty acres of land in Bergen' county, made by Thomas Howland and wife to Catherine F. Dana, and by her assigned to Kirkland. In the course of this suit, a conflict arose as to the relative-positions of two mortgages upon a part of the property covered by the Kirkland mortgage. One of these mortgages was made by Howland and wife upon six acres of the forty-acre tract, to a…
1Opinion of the Court
The opinion of the court was- delivered by
Reed, J.
The question which presses for solution is relative to the construction of our registry acts in regard to their effect upon the rights of these two mortgagees.
*233The mortgagor, after mailing a deed from himself to Hudson, which was recorded, and after receiving a deed back to himself, which was not recorded, gave the Bingham mortgage, which was recorded.
After this, he took a second deed from Hudson of the mortgaged property, and afterwards gave the mortgage to Phelps.
It is apparent that at the time when Bingham took his mortgage, the records…
2Cases cited2 opinions
- Jarvis v. AikensSupreme Court of Vermont · 1853
- Farmers' Loan & Trust Co. v. MaltbyNew York Court of Chancery · 1840
3Cited by5 opinions
- Hammett v. RosensohnNew Jersey Superior Court Appellate Division · 1957
- SEC. Pac. Fin. Corp. v. TaylorNew Jersey Superior Court Appellate Division · 1984
- GARDEN OF MEM. v. Forest Lawn Mem. Pk. Assn.New Jersey Superior Court Appellate Division · 1970
- Howard Sav. Bank v. BrunsonNew Jersey Superior Court Appellate Division · 1990
- Robinson-Shore Development Co. v. GallagherSupreme Court of New Jersey · 1958