People ex rel. Son v. Miner
New York Supreme Court
THIS case came before the court on an appeal from a judgment of the special term, upon demurrer to the return of the defendant to an alternative mandamus, commanding him, as register of the city and county of Hew York, to file a satisfaction-piece of a certain mortgage, and to cancel the mortgage'of record, or show cause, &c.
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THIS case came before the court on an appeal from a judgment of the special term, upon demurrer to the return of the defendant to an alternative mandamus, commanding him, as register of the city and county of Hew York, to file a satisfaction-piece of a certain mortgage, and to cancel the mortgage'of record, or show cause, &c. The mortgage referred to was made by the relator to David P. Cargill, Valentine Cargill and Robert Prince, executors of the last will and testament of Ahraham Cargill, deceased, and the money was made payable to them, “ their survivors or survivor, or their assigns.” The…
1Opinion of the CourtIngraham, P. J.
The relator applied for a mandamus directed to the register of the city of New York, commanding him to enter satisfaction of a mortgage given by her to three persons as executors, &c, The relator paid the money to one of the executors and received from him a satisfaction-piece of the mortgage, signed by himself alone, as executor. This satisfaction-piece was tendered to the register, who refused to file the same because it was not signed by all the executors. On the hearing of this motion at special term, the justice denied the motion for a mandamus. The relator appeals from that decision.
It…
2Cited by5 opinions
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