Stuyvesant v. Hall
New York Court of Chancery
This was an appeal, from a decree of the late assistant vice chancellor of the first circuit. The bill was filed to foreclose a mortgage given by Charles H. Hall to N. W. Stuyvesant, in September, 1824, to secure the payment of $4,666, at the expiration of twenty years, with interest thereon annually. This mortgage was upon a block of land in the city of New-York, containing fifty-six lots. The mortgage was duly recorded soon after its date.
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This was an appeal, from a decree of the late assistant vice chancellor of the first circuit. The bill was filed to foreclose a mortgage given by Charles H. Hall to N. W. Stuyvesant, in September, 1824, to secure the payment of $4,666, at the expiration of twenty years, with interest thereon annually. This mortgage was upon a block of land in the city of New-York, containing fifty-six lots. The mortgage was duly recorded soon after its date. And in March, 1827, Hall conveyed to Thomas H. Smith about 240 lots, in the city of New-York, including the premises mortgaged to Stuyvesant, which deed…
1Opinion of the Court
The Chancellor.
The mortgage of February, 1837, to the executors of J. Hone, was entitled to a preference, so far as related to the 24 lots embraced therein, over the mortgage of the same date, to the master, which was afterwards assigned to G. W. Bruen, as the owner of the surplus money upon the safo, *155under the decree made in the suit of Anthon and others against George W. and Matthias Binen. The mortgage to Hone’s executors was intentionally recorded a few minutes before the other, for the purpose of securing that preference. As between Hone’s executors and G. W. Bruen, therefore, then…
2Cases cited1 opinion
- New-York Life Insurance & Trust Co. v. MilnorNew York Court of Chancery · 1846
3Cited by47 opinions
- White v. McGregorTexas Supreme Court · 1899
- Colgrove v. . TallmanNew York Court of Appeals · 1876
- Ackerman v. . HunsickerNew York Court of Appeals · 1881
- Haughwout & Pomeroy v. MurphySupreme Court of New Jersey · 1871
- Iglehart v. WessonIllinois Supreme Court · 1866
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