Ray v. Adams
New York Supreme Court
Appeal from a judgment for plaintiff at Special Term. The facts found by the court are set out in the case substantially as follows: The defendant Reese held a contract for the purchase of certain lands in the town of Le Ray, Jefferson county, on which he had paid $100; and there remained unpaid $900, which was to be paid before he should be entitled to a deed. In March, 1870, he applied to the plaintiff, Ray, for a loan of $500, to enable him to pay up the contract.
Read the full summary
Appeal from a judgment for plaintiff at Special Term. The facts found by the court are set out in the case substantially as follows: The defendant Reese held a contract for the purchase of certain lands in the town of Le Ray, Jefferson county, on which he had paid $100; and there remained unpaid $900, which was to be paid before he should be entitled to a deed. In March, 1870, he applied to the plaintiff, Ray, for a loan of $500, to enable him to pay up the contract. Reese already owed Ri-.y $500, previously loaned. Ray agreed to make the loan upon condition that Reese would, when he acquired…
1Opinion of the Court
Morgan, J.:
It is very difficult to find any principle in the adjudged cases, upon which the judgment in this action can be sustained. The liens of judgments are declared by statute.* And it is also provided that, “ whenever lands are sold and conveyed, and a mortgage is given by the purchaser at the same time, to secure, the payment of the purchase-money, or any part thereof, such mortgage shall be preferred to any previous judgment which may have been obtained against such purchaser.” † The same provision was contained in the Revised Laws; ‡ and it was decided in Jackson v. Austin, § that…
2Cases cited9 opinions
- Meech v. . AllenNew York Court of Appeals · 1858
- Clabaugh v. ByerlyCourt of Appeals of Maryland · 1847
- Jackson ex dem. Beebe v. AustinNew York Supreme Court · 1818
- Tallman v. FarleyNew York Supreme Court · 1847
- Cook v. KraftNew York Supreme Court · 1871
4 more not listed; retrieve them via the Exa API.