Eddy v. Smith
New York Supreme Court
Error from the mayor’s court of the city of Troy. Eddy brought an action of assumpsit against Smith, and claimed to recover, upon the following state of facts. Smith held a mortgagee pon certain lots in the city of Troy, executed to him by one Shears, bearing date 8th May, 1827, conditioned for the payment of $250, and on the 28th June, 1828, recovered a judgment against Shears, on another account, for the sum of $88,mo, which was a lien upon the mortgaged - premises.
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Error from the mayor’s court of the city of Troy. Eddy brought an action of assumpsit against Smith, and claimed to recover, upon the following state of facts. Smith held a mortgagee pon certain lots in the city of Troy, executed to him by one Shears, bearing date 8th May, 1827, conditioned for the payment of $250, and on the 28th June, 1828, recovered a judgment against Shears, on another account, for the sum of $88,mo, which was a lien upon the mortgaged - premises. Smith foreclosed the mortgage by statute advertisement, and on the 14th July, 1829, sold the mortgaged premises to one Jared…
1Opinion of the Court
By the Court,
Nelson, J.
The deed from Shears to the plaintiff below conveyed to the plaintiff the premises conveyed by the mortgage, subject to that incumbrance and the lien of the judgment. These discharged, his title became perfect; but they must be first satisfied out of the land or otherwise. The defendant might have levied the amount of his judgment, •and afterwards foreclosed his mortgage, the purchaser under the judgment holding subject to that prior incumbrance. Instead of pursuing that course, he enforced the latter lien, and the purchaser took the title clear of the judgment, and now…
2Cited by25 opinions
- Chapman v. . ForbesNew York Court of Appeals · 1890
- Myers v. Hurley Motor Co.Supreme Court of the United States · 1927
- Brown v. CampbellCalifornia Supreme Court · 1893
- Moore v. MandlebaumMichigan Supreme Court · 1860
- Beardslee v. HortonMichigan Supreme Court · 1855
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