Cary v. White
New York Supreme Court
The action was brought for the foreclosure of a mortgage made by John White, deceased, to the plaintiff to secure the payment of $1,000 six months after date, and bearing date November 24, 1868. The mortgage was recorded on the same day in the clerk’s office of Cortland county, in which county the mortgaged premises were situated. The action was tried at the Cortland dounty Circuit in December, 1870, without a jury.
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The action was brought for the foreclosure of a mortgage made by John White, deceased, to the plaintiff to secure the payment of $1,000 six months after date, and bearing date November 24, 1868. The mortgage was recorded on the same day in the clerk’s office of Cortland county, in which county the mortgaged premises were situated. The action was tried at the Cortland dounty Circuit in December, 1870, without a jury. It appeared that on the 21st of October, 1866, the mortgagor was the owner of the premises described in the complaint, and on that day executed a deed.of the same to his son, John…
1Opinion of the Court
By the Court—
Miller, P. J.
The plaintiff in this action took the mortgage in question in his own name for a debt due the firm of which he was a member, without knowledge of the existence of the conveyances, one of which was made by the mortgagor to his son, and the other by said son to the wife of the mortgagor, the defendant, Jane White; said conveyance never having been recorded, but destroyed by the mortgagor prior to the execution of the mortgage. The bond was payable six months after date, and the firm approved and adopted the security. The question to be determined is, whether the…
2Cases cited4 opinions
- Lawrence v. . ClarkNew York Court of Appeals · 1867
- Pratt v. . ComanNew York Court of Appeals · 1868
- Webster v. Van SteenberghNew York Supreme Court · 1864
- Pratt v. ComanNew York Court of Appeals · 1868
3Cited by3 opinions
- Horton v. Wright, Barrett, & Stillwell Co.North Dakota Supreme Court · 1917
- Phelan v. BradyNew York Supreme Court · 1887
- Bull'S Head Bank v. KoehlerNew York Marine Court · 1878