Tefft v. Munson
New York Supreme Court
THIS action was brought to restain the foreclosure of a mortgage executed by Martin B. Perkins and his wife, on the 1st day of October, 1850, to secure the loan of $1000 that day made by the then loan commissioners to said Martin, and to have the judgment of the court that said mortgage is not a lien upon said premises against the grantees and assigns of Martin B. Perkins, the mortgagor.
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THIS action was brought to restain the foreclosure of a mortgage executed by Martin B. Perkins and his wife, on the 1st day of October, 1850, to secure the loan of $1000 that day made by the then loan commissioners to said Martin, and to have the judgment of the court that said mortgage is not a lien upon said premises against the grantees and assigns of Martin B. Perkins, the mortgagor. The action was commenced January 23, 1869, in Washington county, and tried before Justice Bocees, at a special term, on a conceded state of facts, which facts were as follows: On the 18th day of January,…
1Opinion of the Court
By the Court, P. Potter, J.
By the act of 1837, under which the mortgage in question was given, the books of the loan commissioners, kept in the clerks’ offices, containing the entry of such mortgages, are made of the same effect, as to priority of liens, and as to their operation and *36effect, as if such mortgages had been duly recorded in the book of mortgages in the office of the county clerk of the county in which such mortgaged premises are situate.
By the recording act, (1 R. S. 756, § 1,) “ every conveyance of real estate is required to be recorded in the office of the clerk of the county…
2Cases cited8 opinions
- Bank of Utica v. MersereauNew York Court of Chancery · 1848
- Vanderheyden v. CrandallNew York Supreme Court · 1846
- Jackson ex dem. Thurman v. BradfordNew York Supreme Court · 1830
- Johnson v. StaggNew York Supreme Court · 1807
- Averill v. WilsonNew York Supreme Court · 1848
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3Cited by5 opinions
- Grimes v. SandersSupreme Court of the United States · 1876
- Edwards v. McKernanMichigan Supreme Court · 1885
- Haney v. RoyMichigan Supreme Court · 1884
- In re TestanNew York Supreme Court · 1935
- Van Amburgh v. KramerNew York Supreme Court · 1878