Westbrook v. . Gleason
New York Court of Appeals
Appeal from judgment of the General Term of tho Supreme Court, in the third judicial department, affirming so much of the judgment herein as held that defendant Gleason had acquired a title to fifty-five acres of the lands, to foreclose a mortgage whereon this action was brought, superior to said mortgage. (Reported below, 14 Ilun, 245.) The facts are.fully, set forth in the prevailing opinions.
1Dissent
On this appeal no questions are material except such as arise between the plaintiff and the defendant Gleason upon the following facts:
On the 1st day of December, 1868, one Dennis McKoon had a clear title of record to 275 acres of land situated in Delaware county. There was however outstanding his bond for $1,500 secured by a mortgage upon these premises, not of record, given by him to one Schoonmaker. McKoon by deed recorded December 1, 1868 conveyed fifty-five acres part of the 275 to one Samuel Jones who took the deed in good faith, without notice of the mortgage above referred to, and…
2Cases cited17 opinions
- Bush v. . LathropNew York Court of Appeals · 1860
- Tuttle v. Jackson ex dem. HillsCourt for the Trial of Impeachments and Correction of Errors · 1830
- Trustees of Union College v. WheelerNew York Court of Appeals · 1874
- Schafer v. . ReillyNew York Court of Appeals · 1872
- Greene v. . WarnickNew York Court of Appeals · 1876
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