Naylor v. Colville
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Catharine Colville and others, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 30th day of March, 1896, upon the decision of the court rendered after a trial at the Kings County Special Term.
1Opinion of the Court
Willard Bartlett, J.:
The mortgage which the plaintiff sought to foreclose in this action was executed by one John McKernan to Edward K. Robbins on .October 6, 1876, and recorded on February 27, 1877. On the day when it was recorded it was assigned by Edward K. Robbins to the plaintiff, but the assignment was not placed upon record until September 5, 1894. The defendants Colville have acquired possession of the mortgaged premises through the foreclosure of a prior mortgage thereon. This prior mortgage was dated August 28, 1873, and recorded on October 14, 1873. It subsequently passed by mesne…
2Cited by3 opinions
- Krutz v. GardnerWashington Supreme Court · 1901
- Quaremba v. Nassau Suffolk Lumber & Supply Corp.New York Supreme Court · 1959
- Faulkner v. CodyNew York Supreme Court · 1904