Pickett v. Barrow
New York Supreme Court
0E" the 24th day of July, 1855, the defendant Louis Barron executed his hond to Mary Tower, for the sum of $200, and to secure the payment thereof, he, on the same day, with his wife, the other defendant, executed to said Mary Tower a mortgage on real estate in the city of Rochester. This mortgage was recorded in Monroe county clerk’s office on the day of its execution.
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0E" the 24th day of July, 1855, the defendant Louis Barron executed his hond to Mary Tower, for the sum of $200, and to secure the payment thereof, he, on the same day, with his wife, the other defendant, executed to said Mary Tower a mortgage on real estate in the city of Rochester. This mortgage was recorded in Monroe county clerk’s office on the day of its execution. On the 30th day of January, 1856, Mary Tower sold and assigned this bond and mortgage to Elias Pond, for a valuable consideration, and at the time of the assignment, Louis Barron certified in writing that the bond and mortgage…
1Opinion of the Court
By the Court, E. Darwin Smith, J.
The assignment by Greig to -the plaintiff, of the bond and mortgage in controversy in this action, was a gross fraud. Whether or not the plaintiff can maintain his title to such bond and mortgage, *507acquired by such fraud, is the question arising on this appeal. At the time of the assignment, the bond and mortgage actually and equitably belonged to the defendant Mary E. Barron, but the assignment to her was not recorded. The statute (2 R. S. 40, § 1, 3d ed.) declares “ that every unrecorded conveyance shall be void as against any subsequent purchaser in good…
2Cases cited2 opinions
- Dickerson v. TillinghastNew York Court of Chancery · 1833
- Stuart v. KissamNew York Supreme Court · 1848
3Cited by10 opinions
- Baldwin v. MissouriSupreme Court of the United States · 1930
- Webster v. Van SteenberghNew York Supreme Court · 1864
- Walker v. CadyMichigan Supreme Court · 1895
- Fair v. HowardNevada Supreme Court · 1871
- Wilcox v. DroughtNew York Supreme Court · 1901
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