Mutual Life Ins. Co. of New York v. . Dake
New York Court of Appeals
Appeal from judgment of the General' Term of the Supreme Court, in the fourth judicial department, entered" upon an order made October 14, 1878, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court "on trial at Special Term. The nature of the action and the material facts are set forth in the opinion.
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Appeal from judgment of the General' Term of the Supreme Court, in the fourth judicial department, entered" upon an order made October 14, 1878, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court "on trial at Special Term. The nature of the action and the material facts are set forth in the opinion. Plaintiff’s mortgage, although first duly recorded, was not constructive notice when left to be recorded, or any notice whatever when transcribed upon the mortgage book, it not having been noted in either index. (Belchier v. Renforth, 5 Bro., P. C. 292; Rule 22,…
1Opinion of the CourtEarl, J.
This action is brought to foreclose a mortgage which was executed by the defendant Teeple and his wife, to the plaintiff on the 4th day of June, 1870, upon lands in Livingston county, to secure payment of the sum of $2,000, with interest.
On the 7th day of December, 1870, the plaintiff left the mortgage at the office of the clerk of Livingston county, for record, and paid the fee for recording it. On the same day the clerk duly transcribed the mortgage in full, in the proper record book in Ms office, and indorsed on it Ms certificate in due ■form, and returned the mortgage, so indorsed, to the…
2Cited by32 opinions
- Baccari v. De SantiAppellate Division of the Supreme Court of the State of New York · 1979
- Manton v. . Brooklyn Flatbush Realty Co.New York Court of Appeals · 1916
- Fink v. WallachAppellate Division of the Supreme Court of the State of New York · 1905
- O'Neill v. Lola Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1942
- Todd v. Union Dime Savings InstitutionNew York Court of Appeals · 1890
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