Berry v. Mutual Insurance
New York Court of Chancery
[ * 604 ] IN October, 1801, John R. Johnson executed a bond, for 500 dollars, and a mortgage of a lease, for a term of years, of a lot of land in the city of New-York, to secure the payment to Berry, the intestate. The mortgagee died prior to the 8th of November, 1813, the principal of the *bond, and considerable interest thereon, remaining unpaid; and the plaintiffs were appointed his administrators.
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[ * 604 ] IN October, 1801, John R. Johnson executed a bond, for 500 dollars, and a mortgage of a lease, for a term of years, of a lot of land in the city of New-York, to secure the payment to Berry, the intestate. The mortgagee died prior to the 8th of November, 1813, the principal of the *bond, and considerable interest thereon, remaining unpaid; and the plaintiffs were appointed his administrators. The mortgage was not registered until the 12th of March, 1814. The bill stated, that after the execution of the bond and mortgage, the defendants obtained from Johnson another mortgage of the…
1Opinion of the Court
The Chancellor.
[ * 608 ]
The equitable rights of the parties, in this case, must have reference to the time when the knowledge of their respective mortgages was communicated to each other, in the winter of 1814, and prior to the registry of the elder mortgage. The subsequent registry by the plaintiffs was of no avail. The rights of the parties had become fixed, by means of the notice, previously, mutually and concurrently given, and which notice, as *to them, answered all the purpose and object of a registry. Priority of registry never prevails over a previous notice of an unregistered…
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- Spielmann v. KliestNew Jersey Court of Chancery · 1882
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