Diefendorf v. Mercantile Land & Improvement Co.

The case of Mutual Life Ins. Co. v. Voorhis, 71 Hun, 117, is a precedent for the case at bar. It has never been directly overruled. The plaintiff claims that its authority has been destroyed by subsequent decisions in the Court of Appeals. The question now before the court, viz., whether land under water acquired from the state by a mortgagor owner of the adjacent upland is subject to the lien of the mortgage, has been considered only in one other case so far as I know, and that is People’s Trust Co. v. Schenck, 195 N. Y. 398. In that case the plaintiff was the trustee under a mortgage issued…