Mills v. Comstock
New York Court of Chancery
THE bill, filed April 2, 1817, stated, that the plaintiff, on the 11th of October, 1816, purchased of Benjamin Herrick a farm, in Homer, in the county of Cortlandt, for which he paid him 4,000 dollars; and received of him a deed of conveyance, of that date, duly executed, with the usual covenants and warranty; which deed was duly recorded in Cortlandt county, on the 24th of October, 1816. That H. at the time of the purchase and sale, represented himself as seized of the…
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THE bill, filed April 2, 1817, stated, that the plaintiff, on the 11th of October, 1816, purchased of Benjamin Herrick a farm, in Homer, in the county of Cortlandt, for which he paid him 4,000 dollars; and received of him a deed of conveyance, of that date, duly executed, with the usual covenants and warranty; which deed was duly recorded in Cortlandt county, on the 24th of October, 1816. That H. at the time of the purchase and sale, represented himself as seized of the premises, and that they were free from all incumbrances : that the plaintiff gave credit to those assurances, and made the…
1Opinion of the Court
The Chancellor.
The plaintiff appears in the character of a bona fide purchaser, for a valuable consideration, without notice that the mortgage set up by the defendant was outstanding and subsisting. On the contrary, he had notice, by means of the Onondaga records, that the equity of redemption of Miller, the mortgagor, had been released to Herrick, from whom he purchased.'
The short state of the case is, that Miller, the owner of the land, gaye a mortgage of it to Conklin and Herrick, on the 28th of November, 1807, to secure the payment of a bond, and that mortgage was forthwith duly…
2Cited by5 opinions
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