Powell v. Jenkins
New York Supreme Court
Action in ejectment to recover possession of real property-in the city of Oswego, H. T. The plaintiff and the defendant Harriet ,0.: both claim to be owners of the property and entitled to possession. The title was concededly in one Irwin February 1, 1862. Through various persons the title was convened August, 17,. 1866, to Isaac G., the husband of the deféndant Rebecca G. November 6,1876, the husband deeded the property, through a third person, to his wife.
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Action in ejectment to recover possession of real property-in the city of Oswego, H. T. The plaintiff and the defendant Harriet ,0.: both claim to be owners of the property and entitled to possession. The title was concededly in one Irwin February 1, 1862. Through various persons the title was convened August, 17,. 1866, to Isaac G., the husband of the deféndant Rebecca G. November 6,1876, the husband deeded the property, through a third person, to his wife. She held the title until 1890, when, March- thirteenth, a mortgage was given upon it to the : Mercantile National Bank of Hartford,…
1Opinion of the CourtWilliams, J.
Before the foreclosure action was com-. menced the widow had deeded whatever interest' she had in the property to her daughter. If, therefore, the daughter has not been foreclosed, she is, under her mother’s deed, still the owner of the property, subject, of course, to the lien of the mortgage. The deed from the mother to the daughter was not, however, recorded, and the mortgagee had no knowledge or notice of the deed until .after thé foreclosure was completed and the property was sold and purchased by the plaintiff in this action. It is provided by section 1671, Code Civil Procedure, that a…
2Cases cited6 opinions
- Van Epps v. Van EppsNew York Court of Chancery · 1841
- Torrey v. Bank of OrleansNew York Court of Chancery · 1842
- Cromwell v. . MacLeanNew York Court of Appeals · 1890
- Fulton v. . WhitneyNew York Court of Appeals · 1876
- Cook v. . TravisNew York Court of Appeals · 1859
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Sheldon v. RussellNew York Supreme Court · 1915
- Seymour v. SeymourNew York Supreme Court · 1923
- Wheeler v. HandyNew York Supreme Court · 1924
- Barnes v. KandtNew York Supreme Court · 1911
- Bernard v. BaldwinNew York Supreme Court · 1919