Mower v. Kip
New York Court of Chancery
The bill in this cause was filed in the month of February one thousand eight hundred and thirty-one for forclosure and a sale of mortgaged premises ; but the important points in it related to the priority of a judgment.
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The bill in this cause was filed in the month of February one thousand eight hundred and thirty-one for forclosure and a sale of mortgaged premises ; but the important points in it related to the priority of a judgment. In the year one thousand eight hundred and twelve, James J. Roosevelt recovered a judgment against Cornelius Kip, since deceased, for two thousand two hundred and seventy dollars and forty-nine cents, whichjwas docketted on the first day of August in the same year. On the twenty-seventh day of May one thousand eight hundred and thirteen, the said Cornelius Kip gave his bond to…
1Opinion of the Court
The Vice-Chancellor:
The mortgage in this suit was given less than a year after the judgment had been recovered ; the latter then bound the land as a subsisting lien; and as this was known to the mortgagee, she must be considered as taking the mortgage subject to the judgment Still, if the statute embraces the case, the mortgage would thereby be rendered secondary to the judgment for only ten years. This statute was first passed in the year one thousand eight hundred and eleven. It declared that all judgments thereafter rendered should cease to be a lien or incumbrance on any real estate, as…
2Cited by2 opinions
- Woerz v. . SchumacherNew York Court of Appeals · 1900
- Mower v. KipNew York Court of Chancery · 1836