Acer v. Westcott
New York Supreme Court
Appeal by defendant, on a case and exceptions from a judgment, on a referee’s report. The action was brought to obtain the delivery, from the defendant Curtiss, to plaintiff, of a mortgage for $3,380.20, upon certain premises, and judgment declaring the same a prior lien to a mortgage upon the same premises, executed by said defendant, to the defendant Westcott. All the defendants answered separately, and on the trial the following facts appeared.
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Appeal by defendant, on a case and exceptions from a judgment, on a referee’s report. The action was brought to obtain the delivery, from the defendant Curtiss, to plaintiff, of a mortgage for $3,380.20, upon certain premises, and judgment declaring the same a prior lien to a mortgage upon the same premises, executed by said defendant, to the defendant Westcott. All the defendants answered separately, and on the trial the following facts appeared. The defendant Charlotte H. Brown, as executrix of Matthew Brown deceased, on the 24th January, 1864, made a contract with the plaintiff for a sale…
1Opinion of the Court
Present — E. D. Smith, Johnson and J. C. Smith, JJ.
By the Court
James C. Smith, J.
The referee decided that by the true construction of the contract between the plaintiff and Curtiss, the latter was bound to give to the former the mortgage provided for in the contract, concurrently with the re leiving of the deed of the premises, which mortgage should be the next lien to the mortgage to Mrs. Brown. He. also decided, that by the recitals in the deed from Mrs. Brown to Curtiss, the defendant, Westcott, is chargeable with notice of the equitable rights of the plaintiff to such mortgage. The…
2Cases cited4 opinions
- Brush v. WareSupreme Court of the United States · 1841
- Jumel v. JumelNew York Court of Chancery · 1839
- Briggs v. . DavisNew York Court of Appeals · 1859
- Briggs v. PalmerNew York Supreme Court · 1855
3Cited by1 opinion
- Crumlish v. Railroad Co.West Virginia Supreme Court · 1889