Collier v. Miller
New York Supreme Court
Appeal from circuit court, Columbia county. Action by Mary T..Collier against Emeline Miller in her own right as legatee, and also as executrix, of Allen S. Miller, deceased, Peter S. Anderson, Eugene Stupplebeen, and others, defendants.
1Dissent
Landon, J.,
(dissenting.) The two mortgages were concurrent in date, delivery; ■ were were by to create concurrent and equal liens upon the mortgaged premises. The mortgagees were the grantors by deed of the same date to the mortgagor of their equal undivided interest in the premises, and the mortgages were both given to secure parts of the purchase money. They were therefore of equal and concurrent lien, unless some existing equity required that one should have priority over the other,—Boies v. Benham, (N. Y. App.) 28 N. E. Rep. 657;—or a valid agreement to that effect existed between the…
2Cases cited5 opinions
- Hoe v. . SanbornNew York Court of Appeals · 1860
- Greene v. . WarnickNew York Court of Appeals · 1876
- Decker v. . BoiceNew York Court of Appeals · 1880
- Littauer v. . GoldmanNew York Court of Appeals · 1878
- Jones v. PhelpsNew York Court of Chancery · 1847