Simons v. . First National Bank
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 October 25, 1879, which ..affirmed a judgment in favor of defendants, entered upon a decision of the court on trial at Special Term.
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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 October 25, 1879, which ..affirmed a judgment in favor of defendants, entered upon a decision of the court on trial at Special Term. This action was brought to set aside a sale on foreclosure by advertisement of a mortgage executed by defendants Shank & Shoemaker to defendant the First National Bank of Union Springs; to haye a mortgage owned' by plaintiffs, covering the same premises, adjudged to be the prior lien, and for a foreclosure thereof. The material facts are…
1Opinion of the CourtAndrews, J.
The mortgage to the First National Bank of Union Springs was prior in date to the plaintiffs’ mortgage and was first recorded. It was regularly foreclosed by advertisement under the statute, and the premises were purchased on the sale by the defendant Schenck, who subsequently conveyed them to the defendant Kyle. The only ground upon which the plaintiffs rely to sustain the claim to set aside the sale, and to have their mortgage declared the first lien upon the premises, is that there was no existing indebtedness from Shank & Shoemaker to the Bank of Union Springs, when the mortgage to the…
2Cases cited1 opinion
- Truscott v. . KingNew York Court of Appeals · 1852
3Cited by7 opinions
- Financial Acceptance Corp. v. GarveyMassachusetts Appeals Court · 1978
- Knapp v. . McGowanNew York Court of Appeals · 1884
- In re CichanowiczDistrict Court, E.D. New York · 1964
- De Camp v. McIntyreNew York Supreme Court · 1887
- Farr v. DoxtaterNew York Supreme Court · 1890
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