MacAulay v. . Porter
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, affirming a judgment in favor of defendants, entered upon a decision of the court on trial at Special Term. The nature of the action and the facts are set forth sufficiently in the opinion. The deed to Porter is to be read as if the defeasance and $500 note were contained in its provisions.
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Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, affirming a judgment in favor of defendants, entered upon a decision of the court on trial at Special Term. The nature of the action and the facts are set forth sufficiently in the opinion. The deed to Porter is to be read as if the defeasance and $500 note were contained in its provisions. (2 Washb. on R. P., 46; Cooper v. Whitney, 3 Hill, 95; Wing v. Bailey, 37 Vt., 178; Bailey v. Bailey, 5 Gray, 505; Van Hagen v. Van Rensselaer, 18 J. R., 422; 1 R. S. [Edm. ed.], 708, § 3; Cornell v. Todd, 2…
1Opinion of the CourtRapallo, J.
This action is brought to foreclose a mortgage, made by one Lucilla Tracy to the plaintiff, upon a lot of land in the city of Rochester. The mortgage was executed on the sixteenth of December, 1868; but at the request of Miss Tracy—the mortgagor—the plaintiff omitted to put it on record. Afterwards, in March, 1872, the plaintiff’s mortgage being still unrecorded, Miss Tracy conveyed the mortgaged premises by deed to the defendant Porter, in fee. Upon this conveyance, the defendant Porter paid her in cash $1,300, and assumed the payment of a mortgage of $1,200, which was then a lien on the…
2Cases cited2 opinions
- Baker v. ThrasherNew York Supreme Court · 1847
- Palmer v. GurnseyNew York Supreme Court · 1831
3Cited by13 opinions
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- Rogers v. BeachIndiana Supreme Court · 1888
- Susman v. . WhyardNew York Court of Appeals · 1896
- Farmer v. A. D. Farmer & Son Type Founding Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Boyarsky v. FroccaroNew York Supreme Court · 1984
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