Dickerson v. Tillinghast
New York Court of Chancery
Tins was a bill filed by the executors of Mrs. Hughes, for the foreclosure and satisfaction of a mortgage, given to their testatrix, by the defendant Catharine Tillinghast, in June, 1815, but which was not registered or recorded until May, 1818. After the giving of the mortgage, and before the registry thereof, the mortgagor conveyed a part of the mortgaged premises to the defendant Charles Tillinghast, her son, with warranty.
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Tins was a bill filed by the executors of Mrs. Hughes, for the foreclosure and satisfaction of a mortgage, given to their testatrix, by the defendant Catharine Tillinghast, in June, 1815, but which was not registered or recorded until May, 1818. After the giving of the mortgage, and before the registry thereof, the mortgagor conveyed a part of the mortgaged premises to the defendant Charles Tillinghast, her son, with warranty. She subsequently conveyed other parts of the mortgaged premises to some of the other defendants in this cause; but subject to the mortgage to Mrs. Hughes. In his first…
1Opinion of the Court
The Chancellor.
From the answers in this case, it must be taken as true, that when Mrs. Tillinghast conveyed to her eon, she concealed from him the fact that she had given a previous mortgage on the premises, which was then an existing lien thereon. If she knew the mortgage was not recorded, the fraud was probably intended to be committed upon Mrs. Hughes. But if she supposed it was recorded, it was a fraud upon her son to convey to him property which she had already mortgaged to another, without disclosing to him that fact. The legal title to the land was in Catharine Tilling-hast at the time…
2Cases cited1 opinion
- Coddington v. BayCourt for the Trial of Impeachments and Correction of Errors · 1822
3Cited by82 opinions
- People's Savings Bank v. BatesSupreme Court of the United States · 1887
- Weaver v. . BardenNew York Court of Appeals · 1872
- McKamey v. ThorpTexas Supreme Court · 1884
- Ayres v. DupreyTexas Supreme Court · 1864
- Wood v. . MorehouseNew York Court of Appeals · 1871
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