Mathews v. Damainville
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Ludovic A. Damainville and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 2d day of June, 1904, upón the decision of the court, rendered after a trial at the New York Special Term, directing a foreclosure and. sale. ■
1Opinion of the Court
Ingraham, J.:
The nature of the action and the question presented are stated in the opinion of Mr. Justice Patterson. ! I do not concur in the view that the instrument of March 20, 1899, was within the Eecording Act and its record, therefore, constructive notice to subsequent purchasers. Section 240 of the Eeal Property Law (Laws of 1896, chap. 541) defines a conveyance as being every written instrument by which ány .estate or interest in real property is created, transferred, mortgagedior'-'assigned, or by which the title to any real' property may be affected. This instrument, when. executed…
2Cases cited2 opinions
- Constant v. . University of RochesterNew York Court of Appeals · 1888
- People ex rel. Mathews v. WoodruffAppellate Division of the Supreme Court of the State of New York · 1902
3Cited by4 opinions
- Drury v. FrankeCourt of Appeals of Kentucky (pre-1976) · 1933
- Connecticut Co. v. New York, New Haven & Hartford RailroadSupreme Court of Connecticut · 1919
- Hoevet v. Westwood Lumber Co.Oregon Supreme Court · 1942
- Puglisi v. BelaskyNew York Supreme Court · 1922