Barnes v. . Mott
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas for the city and county of New York, affirming a judgment in favor of plaintiffs, entered upon a decision of the court at Special Term.
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Appeal from judgment of the General Term of the Court of Common Pleas for the city and county of New York, affirming a judgment in favor of plaintiffs, entered upon a decision of the court at Special Term. This action was brought to restrain the sale upon execution of certain premises in the city of New York owned by plaintiff Henry M. Barnes, and to have the lien of the judgment upon said premises discharged; also to restore the lien of a mortgage upon said premises alleged to have been satisfied by mistake. The facts as found by the court are, in substance, as follows: The judgment in…
1Opinion of the CourtAllen, J.
So much of the judgment as restores the mortgage upon the premises now owned by the plaintiffs, paid off and satisfied by the devisees of Burr, the then owners, and reinstates the same as a lien upon the mortgaged premises, prior and paramount to the lien of the judgment recovered by Orchard and assigned to the defendant, is clearly right. Upon payment of the mortgage by the then owners of the premises, they were entitled to all the rights of the mortgagee, and to an assignment of the mortgage; and having caused the same to be satisfied under circumstances authorizing an inference of a…
2Cases cited8 opinions
- Ellsworth v. . LockwoodNew York Court of Appeals · 1870
- Guion v. KnappNew York Court of Chancery · 1836
- Governeur v. LynchNew York Court of Chancery · 1830
- Hinckley v. . KreitzNew York Court of Appeals · 1874
- The Bank of Albion v. . BurnsNew York Court of Appeals · 1871
3 more not listed; retrieve them via the Exa API.
3Cited by72 opinions
- Gans v. . ThiemeNew York Court of Appeals · 1883
- Geib v. ReynoldsSupreme Court of Minnesota · 1886
- Hanlon v. DohertyIndiana Supreme Court · 1887
- Arnold v. . GreenNew York Court of Appeals · 1889
- Tolman v. SmithCalifornia Supreme Court · 1890
67 more not listed; retrieve them via the Exa API.