Judd v. . Seekins
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the fourth judicial department, reversing a judgment in favor of defendants, entered upon a decision of the court at Special Term, and granting a new trial. (Reported below, 3 T. & 0., 266.) This action was brought to foreclose a mortgage executed by defendant William Seekins to secure the payment of a promissory note executed by him.
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Appeal from order of the General Term of the Supreme Court in the fourth judicial department, reversing a judgment in favor of defendants, entered upon a decision of the court at Special Term, and granting a new trial. (Reported below, 3 T. & 0., 266.) This action was brought to foreclose a mortgage executed by defendant William Seekins to secure the payment of a promissory note executed by him. The mortgage was dated December 24th, 1869, acknowledged the twenty-seventh, and recorded January 7, 1870. The description of the-premises in the mortgage closed as follows: ‘‘ Being the same premises…
1Opinion of the CourtMiller, J.
The judge, at the trial, was clearly wrong in his conclusion that the mortgaged premises were discharged from the lien of the mortgage by the terms of the deed delivered on the 14th day of April, 1873; and the plaintiff estopped by his covenants in said deed, from enforcing said mortgage as a lien upon the premises. The covenant in the deed, that the premises were free and clear of all incumbrances, and the covenant of warranty, are designed to protect the grantee against any incumbrances done or suffered by the grantor; and against any lawful claim or other title by means of which the…
2Cases cited5 opinions
- Jackson ex dem. Griswold v. BardNew York Supreme Court · 1809
- Sheldon v. . EdwardsNew York Court of Appeals · 1866
- Champlin v. LaytinNew York Court of Chancery · 1836
- Case v. De GoesNew York Supreme Court · 1805
- Pratt v. PotterNew York Supreme Court · 1855
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