Fassett v. Smith
New York Court of Appeals
Appeal from the Supreme Court. The action was brought for the purpose of setting aside the satisfaction of a mortgage, and to reinstate it as a lien,.on the ground that the satisfaction was procured from the plaintiffs, the mortgagees, by the fraud of the mortgagor, Daniel J. Townsend.
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Appeal from the Supreme Court. The action was brought for the purpose of setting aside the satisfaction of a mortgage, and to reinstate it as a lien,.on the ground that the satisfaction was procured from the plaintiffs, the mortgagees, by the fraud of the mortgagor, Daniel J. Townsend. The mortgage covered a lot of ground situated at Black Bock, in Erie county, on which a steam saw-mill had been erected, which is called, in the pleadings and proofs, the mill property, or mill lots. It was executed by Townsend and his wife to the plaintiffs, the 23d June, 1853, to secure an existing…
1Opinion of the CourtJames, J.
The fraud of Townsend being established as between himself and the plaintiffs, the discharge was a nullity, and the mortgage continued a valid lien upon the premises. Those who obtained liens subsequently from Townsend stood in no better condition than himself, unless they were bona fide purchasers, or incumbrancers, for value, without notice; and not then, if Townsend’s fraud amounted to a felony.
*256The first position assumed by the plaintiffs’ counsel is, that this fraud was a felony by the provisions of the statutes. (2 R. S., 677, § 53; id., 702, § 30.) The section first cited declares that…
2Cases cited4 opinions
- Mowrey v. WalshNew York Supreme Court · 1828
- Andrew v. DieterichNew York Supreme Court · 1835
- Robinson v. DauchyNew York Supreme Court · 1848
- Peabody v. FentonNew York Court of Chancery · 1848
3Cited by6 opinions
- People v. ReedCalifornia Supreme Court · 1889
- Mayor of South Memphis v. HowardTennessee Supreme Court · 1855
- Forney v. Calhoun CountySupreme Court of Alabama · 1887
- Hayward v. ManzerCalifornia Supreme Court · 1886
- People ex rel. Howland v. DreherCalifornia Supreme Court · 1894
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