Crane v. . Turner
New York Court of Appeals
Arpeal from judgment of the General Term of the Supreme Court in the third judicial department, affirming a judgment in favor of plaintiffs, entered upon a decision of the court at Special Term. (Reported below, 7 Hun, 357.) This was an action for the foreclosure of a mortgage executed by Ethan A. Pierce and wife to Aurora O. Pierce, and by her assigned to the plaintiff’s testator. The facts appear sufficiently in the opinion.
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Arpeal from judgment of the General Term of the Supreme Court in the third judicial department, affirming a judgment in favor of plaintiffs, entered upon a decision of the court at Special Term. (Reported below, 7 Hun, 357.) This was an action for the foreclosure of a mortgage executed by Ethan A. Pierce and wife to Aurora O. Pierce, and by her assigned to the plaintiff’s testator. The facts appear sufficiently in the opinion. The interest Ethan A. Pierce had March 21, 1865, which he mortgaged to Aurora O. Pierce, was not a mortgagable interest. (2 R. S., 135, § 6; 49 N. Y., 33; 31 id., 453;…
1Opinion of the CourtMiller, J.
This case involves a question as to the priority of mortgages, as 'liens upon the premises mortgaged.
The mortgage foreclosed in this action was executed by the mortgagors, Ethan M. Pierce and wife to Aurora M. Pierce, and by the mortgagee was assigned to the plaintiff’s testator. The mortgage and the assignment were both duly recorded. At the time when the mortgage foreclosed was executed, the mortgagor, Ethan M. Pierce, had possession of the land under a contract of sale, and held only an equitable title. A deed was executed to him after the mortgage was given, and subsequently the owner and…
2Cases cited1 opinion
- Trustees of Union College v. WheelerNew York Court of Appeals · 1874
3Cited by19 opinions
- Simonson v. WenzelNorth Dakota Supreme Court · 1914
- First Nat. Bank v. Mayor of BaltimoreDistrict Court, D. Maryland · 1939
- Nashville Trust Co. v. SmytheTennessee Supreme Court · 1895
- Bank for Savings v. FrankThe Superior Court of New York City · 1878
- Gray v. DelphoAppellate Terms of the Supreme Court of New York · 1916
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