Purdy v. Huntington
New York Supreme Court
THIS is an action for the foreclosure of a mortgage. Minot Mitchell, being seised in fee of the lands mentioned in; the complaint, conveyed them to his son, Joseph S. Mitchell^ on the 4th of June, 1855, who at the same time executed to him the mortgage mentioned in the complaint, together with the bond accoinpanying the same, to secure the purchase money, $2000. The mortgagee assigned this mortgage, to the plaintiff on the same day, The mortgage was recorded in the proper…
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THIS is an action for the foreclosure of a mortgage. Minot Mitchell, being seised in fee of the lands mentioned in; the complaint, conveyed them to his son, Joseph S. Mitchell^ on the 4th of June, 1855, who at the same time executed to him the mortgage mentioned in the complaint, together with the bond accoinpanying the same, to secure the purchase money, $2000. The mortgagee assigned this mortgage, to the plaintiff on the same day, The mortgage was recorded in the proper office on June 28, 1855, but the assignment thereof was not recorded until February 19, 1864. On July 10, 1858, the…
1Opinion of the Court
By the Court, B. Darwih Smith, J.
The referee correctly held that the rights of the defendant Calvin Huntington, as a purchaser of the premises embraced in the mortgage previously assigned by his vendor to the plaintiff, are to be determined by the records in the clerk’s office and the facts fairly to be inferred from what was there fairly stated. It is immaterial whether Huntingtoh actually searched or examined the records. He is to be charged with all the knowledge *396and information which the fullest inspection of them would have imparted. From such inspection he would have learned, and must…
2Cases cited3 opinions
- Vanderkemp v. SheltonNew York Court of Chancery · 1844
- Fort v. BurchNew York Supreme Court · 1848
- Brown v. . BlydenburghNew York Court of Appeals · 1852
3Cited by3 opinions
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- Fallass v. PierceWisconsin Supreme Court · 1872