Wetmore v. Roberts
New York Supreme Court
This was an action to foreclose a mortgage, made by the defendants, Enoch C. Roberts, Frederick W. Allen, and William Hickock, to Daniel A. Galloway, on the 28th of July, 1842, to secure the sum of $2,129.25, upon certain premises situated in the town of Waterford, N. Y., consisting of water-power, which were then subject to a mortgage of $1,500, previously given by John Pettit and wife (from whom the mortgagors in this case derived title) to one Mahala Van Nort; subject to…
Read the full summary
This was an action to foreclose a mortgage, made by the defendants, Enoch C. Roberts, Frederick W. Allen, and William Hickock, to Daniel A. Galloway, on the 28th of July, 1842, to secure the sum of $2,129.25, upon certain premises situated in the town of Waterford, N. Y., consisting of water-power, which were then subject to a mortgage of $1,500, previously given by John Pettit and wife (from whom the mortgagors in this case derived title) to one Mahala Van Nort; subject to the payment of this last-mentioned mortgage, the mortgage in this action was given. Daniel A. Galloway, on the 26th of…
1Opinion of the Court
Hand, Justice.
The affidavit of the service of notice of sale on Galloway and others was presumptive evidence of the service. (2 R. S. 547, § 12, and § 10, as amended by the act q/1844,. Ch. 346, § 2; Arnold agt. McClure, 4 Ben. 41; Cohoes Co. agt. Goss, 13 Barb. 137.)
Recording a mortgage, or an assignment of a mortgage, it is said, is not notice to a prior mortgagee. (Stuyvesant agt. Hone, 1 Sandf. S. C. R. 419; King agt. McVickar, 3 id. 192; andi *54see New-York Life & Trust Co. agt. Smith, 2 Barb. S. C. R. 82; Reed agt. Marsh, 10 Paige, 413; Williams agt. Rubeck, 1 Hoff. C. R. 359; Cheeseboro…
2Cases cited16 opinions
- Green v. BiddleSupreme Court of the United States · 1823
- Conway's Executors & Devisees v. AlexanderSupreme Court of the United States · 1812
- James v. MoreyCourt for the Trial of Impeachments and Correction of Errors · 1823
- Putnam v. RitchieNew York Court of Chancery · 1837
- Bell v. Mayor of New-YorkNew York Court of Chancery · 1843
11 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Hunter v. CoeNorth Dakota Supreme Court · 1903
- Smith v. GardnerNew York Supreme Court · 1864
- Higginbottom v. BensonNebraska Supreme Court · 1888
- Moulton v. CornishNew York Supreme Court · 1891
- Root v. WheelerNew York Supreme Court · 1861
1 more not listed; retrieve them via the Exa API.