Farmers' Loan & Trust Co. v. Hendrickson
New York Supreme Court
THIS was a controversy submitted for the opinion of the court, under section 372 of the code. The material facts are set forth with sufficient fullness in the opinion of the court.
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THIS was a controversy submitted for the opinion of the court, under section 372 of the code. The material facts are set forth with sufficient fullness in the opinion of the court. The question submitted by the parties, for the judgment of the courts, was whether the judgment creditors of the Flushing Rail Road Company, by virtue of their several judgments and executions, and the levies made by the sheriff, acquired a lien upon the property levied on as the property of said company, superior in law to the claim of the plaintiffs under and by virtue of prior mortgages, executed by the rail…
1Opinion of the Court
By the Court, S. B. Strong, P. J.
The Flushing Rail Road Company executed two mortgages to the Farmers’ Loan and Trust Company, one dated on the 1st of September, 1853, and recorded in the county clerk’s office on the 25th of October in the same year, and the other dated on the 1st of November, 1854, and recorded in the county clerk’s office on the 28th of , the same month. Neither of the mortgages has been filed in the office of the clerk of any town. Each of the mortgages was of all the pieces or parcels of land forming the track or roadway of the company, from their depot in the village of…
2Cases cited2 opinions
- Walker v. ShermanNew York Supreme Court · 1839
- Wells & Spring v. EvansNew York Supreme Court · 1838
3Cited by37 opinions
- Karst v. . GaneNew York Court of Appeals · 1893
- Hoyle v. Plattsburgh & Montreal RailroadNew York Court of Appeals · 1873
- Brothers v. Mundell, Munzesheimer & Co.Texas Supreme Court · 1883
- City of New Haven v. Fair Haven & Westville RailroadSupreme Court of Connecticut · 1871
- Meyer v. Johnston & StewartSupreme Court of Alabama · 1875
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