Cary v. . White
New York Court of Appeals
1Opinion of the Court
The legal title of Mrs. White, under the unrecorded deed to her must prevail against the subsequent mortgage to the plaintiff, which was duly recorded, unless the plaintiff is a mortgagee in good faith and for a valuable consideration. The statute only declares conveyances not recorded void as against subsequent purchasers in good faith and for a valuable consideration, whose conveyance shall be first recorded. (1 R.S., 756, § 1.) There is no fraud imputed to the plaintiff, and the sufficiency of the consideration for the mortgage, as between the mortgagor and mortgagee, is not questioned.…
Also in this document: Concurrence.
2Cases cited11 opinions
- Swift v. TysonSupreme Court of the United States · 1842
- Weaver v. . BardenNew York Court of Appeals · 1872
- Fellows v. PrentissCourt for the Trial of Impeachments and Correction of Errors · 1846
- Elwood v. DeifendorfNew York Supreme Court · 1848
- Neimcewicz v. GahnNew York Court of Chancery · 1831
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3Cited by63 opinions
- Steffian v. Milmo National BankTexas Supreme Court · 1888
- Gilchrist v. GoughIndiana Supreme Court · 1878
- Hubbard v. . GurneyNew York Court of Appeals · 1876
- Cary v. . WhiteNew York Court of Appeals · 1874
- National Bank of Newburgh v. . BiglerNew York Court of Appeals · 1880
58 more not listed; retrieve them via the Exa API.