Palmer v. Miller
New York Supreme Court
APPEAL by the defendants from a decree of foreclosure, made at a special term. On the 13th of February, 1854, the defendant, Michael Miller, executed a bond and mortgage to W. K. Strong, to secure the payment of $5000. On the 13th of November following, he executed another bond, and a mortgage on the same premises, to the plaintiff. Palmer, to secure the payment of the sum of $5000. He was not of full age until December of that year.
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APPEAL by the defendants from a decree of foreclosure, made at a special term. On the 13th of February, 1854, the defendant, Michael Miller, executed a bond and mortgage to W. K. Strong, to secure the payment of $5000. On the 13th of November following, he executed another bond, and a mortgage on the same premises, to the plaintiff. Palmer, to secure the payment of the sum of $5000. He was not of full age until December of that year. In the month of January, 1855, he executed a deed of the same premises to W. K. Strong in trust for his (the grantor’s) wife and children, without receiving any…
1Opinion of the Court
By the Court, Mitchell, P. J.
A mortgage is an executed contract, and gives a present interest in or to the land, by way of lien upon it. It is a deed, to be void on a certain event. Like other executed contracts of an infant, it is valid until some act is done by him to avoid it.' In this case the infant did no such act. The deed to Strong, the trustee, did not refer to the mortgages; it simply “ conveyed all the undivided moiety of all those certain lots” in question. The grantee under such a deed would take subject to any prior mortgages. Such would be its intent, when the contrary was not…
2Cases cited2 opinions
- Eagle Fire Co. v. LentNew York Court of Chancery · 1837
- Lathrop v. FergusonNew York Supreme Court · 1839
3Cited by8 opinions
- Askey v. WilliamsTexas Supreme Court · 1889
- Henry v. . RootNew York Court of Appeals · 1865
- Kane v. KaneAppellate Division of the Supreme Court of the State of New York · 1897
- Singer Manufacturing Co. v. LambSupreme Court of Missouri · 1883
- Wyatt v. LortscherAppellate Division of the Supreme Court of the State of New York · 1926
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