Kingman v. Dunspaugh
Appellate Division of the Supreme Court of the State of New York
. Appeal by the plaintiff) James Kingman, from so much of á judgment, of the Supreme Court, entered in the office of the clerk of the county of Columbia on the 24th day of December, 1896, upon the decision of the court rendered after a trial at the Columbia Trial Term, before the cpurt without a'jury, as determines that the , mortgage held by the defendant Eve M. Dunspaugh is a prior lien : to the mortgage of the plaintiff. . . . . This action was brought in June,.1896, for…
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. Appeal by the plaintiff) James Kingman, from so much of á judgment, of the Supreme Court, entered in the office of the clerk of the county of Columbia on the 24th day of December, 1896, upon the decision of the court rendered after a trial at the Columbia Trial Term, before the cpurt without a'jury, as determines that the , mortgage held by the defendant Eve M. Dunspaugh is a prior lien : to the mortgage of the plaintiff. . . . . This action was brought in June,.1896, for the foreclosure of a mortgage given by the defendants to plaintiff bearing date May 2, 1890, acknowledged by the…
1Opinion of the Court
Merwin, J.:
The question of priority was one proper to be determined in the action. (Brown v. Vollcening, 64 N. Y. 76.) Is was, in fact, considered and determined by the trial court, and its action in that respect is before us for review.
The fact alone that the mortgage.to Eve was recorded before that •of the plaintiff does not control; for if, upon the execution of the mortgage to plaintiff, Eve was not in a position to assert as against' the plaintiff the priority of her mortgage, its record afterwards does not help her. The mortgage to plaintiff was acknowledged by Eve on the 3d of May,…
2Cases cited5 opinions
- Brown v. . VolkeningNew York Court of Appeals · 1876
- Krumm v. . BeachNew York Court of Appeals · 1884
- Power v. . LesterNew York Court of Appeals · 1861
- L'Amoureux v. VandenburghNew York Court of Chancery · 1838
- Kennedy v. WoodNew York Supreme Court · 1889
3Cited by6 opinions
- In re the Estate of GriffithNew York Surrogate's Court · 2000
- In re the Judicial Settlement of the Intermediate Account of SaundersAppellate Division of the Supreme Court of the State of New York · 1908
- National Bank & Trust Co. v. WoodsNew York Supreme Court · 1985
- Hewett v. SuitsAppellate Division of the Supreme Court of the State of New York · 1897
- Hewett v. SuitsAppellate Division of the Supreme Court of the State of New York · 1897
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