Clark v. Ulrich
Superior Court of Buffalo
This action was brought to foreclose a mortgage. Upon the trial it was proved that on the 23d day of July, 1874, the defendant Wolfgang Ulrich and wife executed their bond and mortgage bearing date on the 1st day of July, 1874, upon the premises described in the complaint to the Excelsior Savings and Aid Association, to secure certain sums of money and delivered the same to Joseph Bork, as the attorney of said association.
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This action was brought to foreclose a mortgage. Upon the trial it was proved that on the 23d day of July, 1874, the defendant Wolfgang Ulrich and wife executed their bond and mortgage bearing date on the 1st day of July, 1874, upon the premises described in the complaint to the Excelsior Savings and Aid Association, to secure certain sums of money and delivered the same to Joseph Bork, as the attorney of said association. On the 23d day of July, 1874, the said defendant and wife executed and delivered to Joseph Bork their bond and mortgage upon the same premises as collateral security for…
1Opinion of the CourtHatch, J.
—The learned trial court held and decided, that Frank Six and his wife, prior to to their acceptance of the purchase, under the foreclosure of the Yoght mortgage, discovered the assignment of the Joseph Bork mortgage to the plaintiffs, which had been previously recorded, and that before the payment of the purchase-price they had such notice, and held as a conclusion of law following therefrom that the land, so purchased, became chargeable with the payment of said mortgage, and so remained in their hands and the hands of their grantees.
Counsel for such defendants duly excepted to such findings…
Also in this document: Concurrence.
2Cases cited6 opinions
- Wood v. . ChapinNew York Court of Appeals · 1856
- Purdy v. . HuntingtonNew York Court of Appeals · 1870
- Westbrook v. . GleasonNew York Court of Appeals · 1879
- Bacon v. . Van SchoonhovenNew York Court of Appeals · 1882
- Webster v. Van SteenberghNew York Supreme Court · 1864
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