Butler v. Viele
New York Supreme Court
APPEAL from a judgment entered upon the report of a referee. The action was brought to set aside and have declared void a deed, executed by Susan C. Matthews to Stephen S. Viele, conveying certain premises therein described, situated in Yates county.
Read the full summary
APPEAL from a judgment entered upon the report of a referee. The action was brought to set aside and have declared void a deed, executed by Susan C. Matthews to Stephen S. Viele, conveying certain premises therein described, situated in Yates county. In September, 1859, the said Susan C. Matthews was the owner of the premises in question, and conveyed them to one Julia A. Card, and at the same time took back from the said Julia A. a mortgage upon the same premises, conditioned to pay $800 in one year from date. This mortgage was. never recorded. The said Susan C. Matthews was in the actual…
1Opinion of the Court
By the Court, J ames C. Smith, J.
It seems to me very clear, upon the plaintiff’s own showing, that he is not entitled to the relief sought by this action. The most favorable light in which his claims can be considered is to regard him as a purchaser for value and in good faith, without notice of the deed to Viele. Thus regarded, he acquired by his deed from Mr. Judd, the purchaser at the foreclosure sale, the title which Mrs. Card, the mortgagor, had before she gave the mortgage. (Smith v. Gardner, 42 Barb. 366, 367, and authorities cited by Daniels, J.) The title of Mrs. Card was superior to…
2Cases cited1 opinion
- Smith v. GardnerNew York Supreme Court · 1864
3Cited by17 opinions
- In re the Estate of MullinNew York Surrogate's Court · 1932
- Knapp v. . the City of BrooklynNew York Court of Appeals · 1884
- Peabody v. RobertsNew York Supreme Court · 1866
- New York & Mount Vernon Transportation Co. v. TyrolerAppellate Division of the Supreme Court of the State of New York · 1898
- Finsilver v. StillAppellate Division of the Supreme Court of the State of New York · 1934
12 more not listed; retrieve them via the Exa API.