Clark v. McNeal
New York Supreme Court
An action was commenced in favor of the above-named plaintiff against McHeal and others, on May 12, 1881, by the service of the summons and complaint. James Mackin and William S. Verplanck, as executors, etc., of John P. DeWint, deceased, were the only defendants who appeared therein. They appeared and answered the complaint.
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An action was commenced in favor of the above-named plaintiff against McHeal and others, on May 12, 1881, by the service of the summons and complaint. James Mackin and William S. Verplanck, as executors, etc., of John P. DeWint, deceased, were the only defendants who appeared therein. They appeared and answered the complaint. The issues thus joined were tried at special term, and judgment was rendered December 11, 1882, dismissing the complaint as to said Mackin and Verplanck, without costs. Prom this judgment plaintiff appealed to the general term, which affirmed the judgment, and then to…
1Opinion of the CourtBarnard, P. J.
It was settled by the court of appeals (Clarke v. Mackin, et al., 95 N. Y., 346) that the mortgage given by O’Neal to Ramsdell & Co. was a superior hen to that of plaintiff while it was in the hands of Mackin and Verplank, executors of Dewint. This superiority rested upon the recording act alone, and placed the executors in a better position than Ramsdell & Go., who sold the mortgage to them. It was found then, and is found now, that Ramsdell & Co. had actual notice of the plaintiff’s mortgage when they took their mortgage, and the court of appeals, in view of the equity which this fact gave…
2Cases cited1 opinion
- Clark v. . MacKinNew York Court of Appeals · 1884