Lamberton v. Van Voorhis
New York Supreme Court
Appeal by plaintiff from a judgment entered in Monroe county upon the report of a referee, dismissing the complaint as to defendants, John and Quincy Van Yoorhis. The action was brought to foreclose a mortgage upon premises described as about sixty-two acres in Monroe county. The referee found- that- the- judgments held by John and Quincy Yan Yoorhis were prior and superior liens to the lien and rights of the plaintiff as mortgagee.
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Appeal by plaintiff from a judgment entered in Monroe county upon the report of a referee, dismissing the complaint as to defendants, John and Quincy Van Yoorhis. The action was brought to foreclose a mortgage upon premises described as about sixty-two acres in Monroe county. The referee found- that- the- judgments held by John and Quincy Yan Yoorhis were prior and superior liens to the lien and rights of the plaintiff as mortgagee. Originally, the title to the premises was in Michael Twoomley in fee, and he and his wife, conveyed to Henry Steitzor, April 1, 1878; Steitzor and wife conveyed…
1Opinion of the Court
Hardin, J.:
Assuming that the referee is correct in finding that the altered deed, from John Fleischer of the-premises to Frederica Huelti'nsmidth, did not pass any title from him to her, the judgments held by the respondents would be a general 1-ion upon the legal estate of Fleischer, being prior, in point of time, to the plaintiff’s mortgage, and presumptively a superior charge upon the premises covered by the mortgage. (Chauncey v. Arnold and Wife, 24 N. Y., 330.) But the deed from Frederica Iluoltinsmidth to Mrs. Steitzor was without consideration, as was also the deed to her, and she was…
2Cases cited7 opinions
- Stoddard v. . WhitingNew York Court of Appeals · 1871
- Wood v. . RobinsonNew York Court of Appeals · 1860
- Arnold v. PatrickNew York Court of Chancery · 1837
- Chauncey v. . ArnoldNew York Court of Appeals · 1862
- White v. WilliamsNew York Court of Chancery · 1829
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