Collier v. . Miller
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made December 5, 1891, which affirmed a judgment in favor of plaintiff and of defendant, Peter S. Anderson, entered upon a decision of the court on trial at Circuit.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made December 5, 1891, which affirmed a judgment in favor of plaintiff and of defendant, Peter S. Anderson, entered upon a decision of the court on trial at Circuit. This action was brought for the foreclosure of a mortgage executed by Martin H. Stufflebun to Richard Miller, and assigned by him to Arnold Wise who assigned the same to Allen S. Miller who, on a subsequent assignment guaranteed its payment; said mortgage and guaranty were afterwards assigned to plaintiff. The…
1Opinion of the CourtFinch, J.
The two mortgages given to the brothers, Harvey and Bichard Miller, respectively, by their grantee, and the priority of which, one over the other, is the subject of dispute, would have been concurrent liens upon the land in the natural order and developement of the transaction, and having reference only to the equality of a common ownership of the consideration. But neither mortgage, on its face, gave any notice of the concurrent existence and lien of the other, and its purchaser would not and could not be deceived merely by its terms. If he bought without examination of the record, and…
2Cases cited2 opinions
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- Barnhardt v. . MorrisonSupreme Court of North Carolina · 1919
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