Kellogg v. . Smith

There can be no doubt that, by the law of this State, the debt is the principal, and the mortgage a mere security, appurtenant and secondary; and it is on this principle that this court (Kortright v. Cady, 21 N.Y., 343), held that a tender of the debt to the mortgagee or his assignee discharged the land of the lien of the mortgage.

It is also perfectly well settled here, that any legal transfer of the debt (by writing, or delivery, whichever is legally sufficient), draws after it the mortgage; and that, under such circumstances, a mere delivery of the mortgage is a good assignment of it.

In…