Varick's executors v. Briggs
Court for the Trial of Impeachments and Correction of Errors
Appeal, from- chancery.- The appellants filed a bill in' chancery to foreclose a mortgage executed to their testator by Wesson Briggs, on the 7th February, 1632, of a tract of 1000-acres of. land situate in the county of St. Lawrence ^ which mortgage was duly recorded.
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Appeal, from- chancery.- The appellants filed a bill in' chancery to foreclose a mortgage executed to their testator by Wesson Briggs, on the 7th February, 1632, of a tract of 1000-acres of. land situate in the county of St. Lawrence ^ which mortgage was duly recorded. The mortgagor derived his title from John Tibbits, by deed bearing date 9tb November, 181 Oj which was duly recorded, and was possessed of the premises until his death in 1831. After his death the bill for the foreclosure of the mortgage was filed, and' his children as his heirs at law were made parties defendants-.- They put…
1Opinion of the Court
After advisement the following opinion was delivered :
By Senator Verplanck.
My opinion is that the chancellor’s decree should be affirmed.' because I think that such a construction must be given to the several statutes of 1813 and prior years concerning the registry of deeds as will shut out all retrospective operation and effect upon the Validity of deeds, made before their enactment, and not at that time required to be recorded» It is conceded that the chancellor has fallen into a slight error, (not affecting the merits of the case or varying the decree,) in relation to the deed of July,…
2Cited by13 opinions
- Gaston v. MerriamSupreme Court of Minnesota · 1885
- Hayes v. . NourseNew York Court of Appeals · 1889
- Board of Education of Central School District No. 1 v. MilesNew York Court of Appeals · 1965
- Brown v. StutsonMichigan Supreme Court · 1894
- Felix v. DevlinAppellate Division of the Supreme Court of the State of New York · 1904
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