Legal Opinion

Eights v. Woodworth

New York Court of Chancery

Decided January 24, 1842PublishedCited by 1 opinion

This case came before the court upon an appeal, by the complainants, from a decision of the taxing master, upon the taxation of costs in a mortgage case, on a bill taken as confessed. The complainants’ solicitor applied to the county clerk to search for deeds and mortgages, executed by the mortgagor, subsequent to the complainants’ mortgage, so far as they affected the mortgaged premises.

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This case came before the court upon an appeal, by the complainants, from a decision of the taxing master, upon the taxation of costs in a mortgage case, on a bill taken as confessed. The complainants’ solicitor applied to the county clerk to search for deeds and mortgages, executed by the mortgagor, subsequent to the complainants’ mortgage, so far as they affected the mortgaged premises. By referring to the indexes to the books of records, the clerk found numerous deeds and mortgages given by the mortgagor. But on examining the record, only two of them were found to affect the mortgaged…

1Opinion of the Court

The Chancellor.

The taxing officer was right in this ease, in disallowing the illegal charge for seaching and certifying as to subsequent deeds and incumbrances of the mortgaged premises. The original fee bill contained in the revised statutes, allowed to the county clerk five cents a year for making such searches. But the 13th section of the act of the 14th of May, 1840, allows to the clerks of counties and registers of cities, for searching and certifying the title of and incumbrances upon real estate, ten cents for each conveyance and incumbrance certified by him,; fixing the minimum of…

2Cited by1 opinion

  1. Curtis v. . McNairNew York Court of Appeals · 1877

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