Sidenberg v. . Ely
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas, in and for the city and county of Mew York, entered upon an order made May 11, 1880, which affirmed a judgment in favor of plaintiff, entered on a decision of the court on trial at Special Term. The nature of the action and the material facts are stated in the opinion. The doctrine of tacking has had no application in this State since the passage of the registry laws.
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Appeal from judgment of the General Term of the Court of Common Pleas, in and for the city and county of Mew York, entered upon an order made May 11, 1880, which affirmed a judgment in favor of plaintiff, entered on a decision of the court on trial at Special Term. The nature of the action and the material facts are stated in the opinion. The doctrine of tacking has had no application in this State since the passage of the registry laws. (Grant v. U. S. Bank, 1 Caine’s Cas. 112; 4 Kent’s Com. 178.) The most that can be claimed of the estate in remainder is that it shall stand as security for…
1Opinion of the CourtMiller, J.
This action was brought for the foreclosure of a mortgage made by one William Gr. Ely, deceased, in 1825, to the /Etna Insurance Company, to secure the sum of $3,000. It contained no clause in reference to taxes and assessments. In 1872, the .¿Etna Insurance Company assigned the mortgage, together with the bond accompanying the same, to the Excelsior Life Insurance Company. This company paid, while it held the mortgage as assignee, certain taxes, assessments and water rates upon the mortgaged premises, and to redeem the same from tax sales, which together amounted to the sum of $1,640, or .…
2Cases cited5 opinions
- Marshall v. . DaviesNew York Court of Appeals · 1879
- Burr v. VeederNew York Supreme Court · 1829
- Eagle Fire Insurance v. PellNew York Court of Chancery · 1835
- Hatch v. MorrisNew York Court of Chancery · 1839
- Brevoort v. RandolphNew York Supreme Court · 1853
3Cited by33 opinions
- Defreese v. LakeMichigan Supreme Court · 1896
- Grady v. Utica Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 1979
- Conlan v. GraceSupreme Court of Minnesota · 1886
- Dunlop v. . JamesNew York Court of Appeals · 1903
- Wood v. ButtonMichigan Supreme Court · 1919
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