Tyson v. . Post
New York Court of Appeals
^Z7 Appeals from orders of the General Term of the Supreme Court in the second judicial department, made Hay 14, 1885, which reversed judgments in favor of plaintiffs, entered upon decisions of the court on trial at Special Term. These actions were brought to foreclose two purchase-money mortgages executed by defendant Cooney upon certain premises situate in Queens county.
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^Z7 Appeals from orders of the General Term of the Supreme Court in the second judicial department, made Hay 14, 1885, which reversed judgments in favor of plaintiffs, entered upon decisions of the court on trial at Special Term. These actions were brought to foreclose two purchase-money mortgages executed by defendant Cooney upon certain premises situate in Queens county. There was attached to the premises at the time of the sale and conveyance by the mortgagees and the execution of the mortgage the plant and machinery of two marine railways, the use of which had been abandoned. The…
1Opinion of the CourtAndrews, J.
The question whether tne defendant Post acquired title to the plant and machinery of the marine railways embraced in the plaintiffs’ mortgage, as security for the $6,200 paid by him to the plaintiffs at the request of Carroll, to enable the latter to complete the first payment on the contract with the plaintiffs for the purchase of the land, does not depend upon the character of the property, whether real or personal, when placed upon the mortgaged premises. There can be little doubt, however, that the machinery, shafting, rollers and other articles became as between vendor and vendee, and…
2Cases cited2 opinions
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