Granger v. . Crouch
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made June 26, 1880, which affirmed a judgment in favor of plaintiff, entered upon the report of a referee. This action was brought to foreclose a mortgage. The material facts are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made June 26, 1880, which affirmed a judgment in favor of plaintiff, entered upon the report of a referee. This action was brought to foreclose a mortgage. The material facts are stated in the opinion. The referee erred in holding that the mortgage of the plaintiff was superior to that of the defendants and should be first satisfied out of the proceeds of a sale of the mortgaged premises. (Campbell v. Birch, 60 N. Y. 214; Stafford v. Van Rensselaer, Hopkins’ Chancery, 569; 9…
1Opinion of the CourtFinch, J.
An interesting question is presented by the facts in this case. The defendants sold to one Purdy, for a consideration of about $13,000, certain real estate in the city of Rochester, upon a contract, by the terms of .which the vendee was to pay and secure the purchase-price through a conveyance to the vendors of certain other real estate, and a bond and mortgage upon the lands purchased for $6,500, and paying the balance of about $3,200, in cash. When the parties came to carry the contract. into execution, the arrangement was modified by substituting for the cash payment the notes of the…
2Cases cited5 opinions
- Mechanics' Bank v. Bank of NiagaraNew York Supreme Court · 1832
- Isett v. LucasSupreme Court of Iowa · 1864
- Roberts v. MansfieldSupreme Court of Georgia · 1861
- Funk v. McReynold's Adm'rs.Illinois Supreme Court · 1864
- Stanley v. BeattyIndiana Supreme Court · 1853
3Cited by9 opinions
- Matter of Title Mortgage Guaranty Co.New York Court of Appeals · 1937
- Title Guarantee & Trust Co. v. Mortgage CommissionNew York Court of Appeals · 1937
- Collier v. MillerNew York Supreme Court · 1891
- Title Guarantee & Trust Co. v. Mortgage CommissionAppellate Division of the Supreme Court of the State of New York · 1936
- Witty v. 1725 Fifth Ave. Corp.Appellate Division of the Supreme Court of the State of New York · 2019
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