Constant v. University of Rochester

Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made December 17, 1891, which affirmed a judgment in favor of plaintiffs entered upon a decision of tl\e court on trial at. Special Term. This was an action for the foreclosure of an unrecorded mortgage executed by Elizabeth Mehen and Hugh Mehen, her husband, to Samuel S. Constant, plaintiffs’ testator, and priority is claimed over a recorded mortgage subsequently executed by the same mortgagors to the defendant herein. The following is the opinion in full: “ The prior unrecorded…