Ely v. Scofield
New York Supreme Court
ACTION to foreclose a mortgage. On the 19th of March, 1851, Cyril Carpenter executed and delivered to Phehe Brockway his bond, dated on that day, in the penal sum of $500, conditioned to pay $274 in four equal annual payments, from April 1st, then next, to secure the payment whereof the said Carpenter, at the same time, executed to said Phehe Brockway a mortgage upon certain real estate in the village of Brockport, in the county of Monroe.
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ACTION to foreclose a mortgage. On the 19th of March, 1851, Cyril Carpenter executed and delivered to Phehe Brockway his bond, dated on that day, in the penal sum of $500, conditioned to pay $274 in four equal annual payments, from April 1st, then next, to secure the payment whereof the said Carpenter, at the same time, executed to said Phehe Brockway a mortgage upon certain real estate in the village of Brockport, in the county of Monroe. This mortgage was duly recorded in the Monroe county clerk’s office, March 21st, 1851. Mrs. Brockway, the mortgagee, died intestate in August, 1851, and…
1Opinion of the Court
By the Court, Welles, J.
I agree with the referee that the discharge of the mortgage in question by Brockway, the administrator of the mortgagee, after he had assigned the mortgage to the plaintiff, without payment and without authority from the assignee, had no other effect than to cancel the record of the mortgage, and left the plaintiff in the condition of the holder of an unrecorded lien upon the mortgaged premises. The validity of the mortgage was in no way affected by the discharge, excepting to take away its priority over the defendants’ deed. Brockway, the administrator, had really no…
2Cases cited1 opinion
- Vanderkemp v. SheltonNew York Court of Chancery · 1844
3Cited by13 opinions
- Connecticut Mutual Life Insurance v. TalbotIndiana Supreme Court · 1887
- Bacon v. . Van SchoonhovenNew York Court of Appeals · 1882
- In re the Estate of De StuersNew York Surrogate's Court · 1950
- Assets Realization Co. v. . ClarkNew York Court of Appeals · 1912
- McClure v. BurrisSupreme Court of Iowa · 1864
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