Tefft v. . Munson
New York Court of Appeals
-Appeal from judgment of the General Term of the Supreme Court in the third judicial department, affirming , a judgment in favor of defendants entered upon the decision of the court upon trial at Special Term. This was an action to restrain defendants, loan commissioners for Washington county, from foreclosing a mortgage executed to them by Martin B. Perkins and wife.
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-Appeal from judgment of the General Term of the Supreme Court in the third judicial department, affirming , a judgment in favor of defendants entered upon the decision of the court upon trial at Special Term. This was an action to restrain defendants, loan commissioners for Washington county, from foreclosing a mortgage executed to them by Martin B. Perkins and wife. On the the 18th day of January, 1848, Gamaliel Perkins purchased of Cortland Howland certain- lands in Washington county, which were conveyed to him by warranty deed recorded March 7, 1848, in the clerk’s office in said county.…
1Opinion of the Court
Earl, C.
The plaintiff claims that the mortgage to the loan commissioners has no validity as against him, and that his deed has priority over it under the laws in reference to the registry of deeds and mortgages. It is a principle of law, not now open to doubt, that, ordinarily, if one who has no title to lands, nevertheless makes a deed of conveyance, with warranty, and afterward himsSlf purchases and receives the title, the same will vest immediately in his grantee who holds his deed with warranty as against such grantor by estoppel. In such case the estoppel is held to bind the land; and to…
2Cases cited1 opinion
- Bank of Utica v. MersereauNew York Court of Chancery · 1848
3Cited by28 opinions
- Osceola Land Co. v. Chicago Mill & Lumber Co.Supreme Court of Arkansas · 1907
- Lomax v. PickeringSupreme Court of the United States · 1899
- Oliphant v. . BurnsNew York Court of Appeals · 1895
- Ayer v. Philadelphia & Boston Face Brick Co.Massachusetts Supreme Judicial Court · 1893
- Bernardy v. Colonial & United States Mortgage Co.South Dakota Supreme Court · 1904
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