Davies v. Jones
New York Supreme Court
This action is brought by plaintiff to foreclose a mortgage given by the defendant Jones to one Griffiths and of which he executed two assignments, one to the plaintiff and another to one Eobert G. Jones. The latter antedated the former assignment but it was not put on record until after the later assignment had been recorded. The action also seeks, incidentally, to have said assignment to said Jones, of said mortgage, declared invalid, etc.
1Opinion of the CourtHisgock, J.
Catherine Jones, on the 14th day of October, 1889, executed to one John W. Griffiths a mortgage for $1,000. It appears not to have been accompanied by any bond and was payable at the death of said Griffiths and his wife, without interest. This mortgage was given for value and was duly recorded soon after its date. An assignment of this mortgage was-executed by the mortgagee to the defendant Robert G. Jones, June 21, 1890, but it was not recorded until December 31, 1897, December 23, 1898, said Griffiths executed another assignment of the same mortgage to the plaintiff which was put upon…
2Cases cited3 opinions
- Brewster v. . CarnesNew York Court of Appeals · 1886
- Brown v. . BlydenburghNew York Court of Appeals · 1852
- Seymour v. SeymourAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by1 opinion
- Krause v. HullarNew York Supreme Court · 1930