Campbell v. Vedder
New York Court of Appeals
The controversy in this action is confined to the defendants Plank and Sckermerhorn, executors of F. Quackenbush, deceased, and the defendant William Van Vranken.
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The controversy in this action is confined to the defendants Plank and Sckermerhorn, executors of F. Quackenbush, deceased, and the defendant William Van Vranken. Both having mortgages upon the premises described in the complaint, and claiming the right of priority of payment of their respective mortgages out of the surplus moneys which arose upon the foreclosure of an older mortgage, on the same premises, executed by James Vedder to Jeremiah Fuller, in the year 1828. This mortgage was assigned, in 1846, by the executors of said Fuller, to the defendants Plank and Schermerhorn, as executors…
1Opinion of the Court
Peckham, J..
The amount of surplus money, after paying Oampbell’s claim, was $1,574. " The claim of either party, if well founded, is sufficient to absorb the whole. The mortgage held by the executors is the older lien, and must prevail, unless its priority has, in some manner, been lost.- Yan Yranken insists it has, upon various grounds: First. That Yan Yranken is a bona fide purchaser, without notice of their mortgage, and, as then* assignment was not recorded, it is dormant and void as to him. Second. That the conveyance to Isaac Yedder, the mortgagee of the equity of redemption, operated…
2Cases cited6 opinions
- Emery v. . PeaseNew York Court of Appeals · 1859
- Seymour & Bouck v. Van SlyckNew York Supreme Court · 1832
- Ingalls and Stockman v. . MorganNew York Court of Appeals · 1854
- Stone v. SeymourCourt for the Trial of Impeachments and Correction of Errors · 1835
- Champlin v. LaytinNew York Court of Chancery · 1836
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Viele v. . JudsonNew York Court of Appeals · 1880
- Greene v. . WarnickNew York Court of Appeals · 1876
- Curtis v. . MooreNew York Court of Appeals · 1897
- Purdy v. . HuntingtonNew York Court of Appeals · 1870
- Willcox v. FosterMassachusetts Supreme Judicial Court · 1882
8 more not listed; retrieve them via the Exa API.