Heyer v. Pruyn
New York Court of Chancery
The bill in' this case was filed to foreclose a mortgage given by the defendant Arent Pruyn to Isaac Heyer, the complainants’ testator, in July, 1809, to secure the payment of $1008 32, with interest thereon, the one half at the expiration of one year from the dale of the bond and mortgage and the residue in six months thereafter; which mortgage was duly proved and recorded in Columbia county, where, the mortgaged premises were situated, a few days after its date.
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The bill in' this case was filed to foreclose a mortgage given by the defendant Arent Pruyn to Isaac Heyer, the complainants’ testator, in July, 1809, to secure the payment of $1008 32, with interest thereon, the one half at the expiration of one year from the dale of the bond and mortgage and the residue in six months thereafter; which mortgage was duly proved and recorded in Columbia county, where, the mortgaged premises were situated, a few days after its date. Pruyn the mortgagor suffered the bill to be taken as confessed against him. But the other defendants, P. J. Merick, J. Lape and J.…
1Opinion of the Court
The Chancellor.
There is very little dispute as to the real facts in this case. Shaver who purchased the mortgaged premises in October, 1813, had no notice of the existence of this mortgage except the legal constructive notice arising from the registry thereof. And these defendants were equally ignorant of the actual existence of such an incumbrance upon the premises, at the time their several rights and interests therein accrued. But as this suit was commenced in January, 1832, which was but a little more than eighteen years after the conveyance to Shaver, the defendants are not entitled to…
2Cases cited2 opinions
- Hughes v. EdwardsSupreme Court of the United States · 1824
- Jackson ex rel. Sackett v. SackettNew York Supreme Court · 1831
3Cited by46 opinions
- Hulbert v. . ClarkNew York Court of Appeals · 1891
- Borst v. . CoreyNew York Court of Appeals · 1857
- Lovelace v. WebbSupreme Court of Alabama · 1878
- Capehart v. . DettrickSupreme Court of North Carolina · 1884
- Jordan v. SayreSupreme Court of Florida · 1888
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