Ledyard v. Butler
New York Court of Chancery
This was an appeal from a decree of the vice chancellor of the fourth circuit, for the foreclosure of a mortgage given to the complainant, by the defendants Samuel O. Butler and wife, in March, 1830, and duly recorded.
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This was an appeal from a decree of the vice chancellor of the fourth circuit, for the foreclosure of a mortgage given to the complainant, by the defendants Samuel O. Butler and wife, in March, 1830, and duly recorded. And the only question was whether the mortgage was a valid lien upon the premises, as against Henry W. Snyder the appellant, under the following circumstances : Samuel O. Butler the mortgagor gave the mortgage to secure to the complainant a loan of $1300; of which $700 was received upon the delivery of the bond and mortgage, on the 30th of March, 1830, and the residue about…
1Opinion of the Court
The Chancellor.
The equities of the parties are equal in this case; the appellant claiming in opposition to the fraudulent deed, and the respondent being a bona fide mortgagee of the premises conveyed by that deed, without notice of the fraud. The only question therefore, is, which party has the better legal right. On that question I have no doubt as to the correctness of the decision of the vice chancellor. The judgment and proceedings against Giles Butler, subsequent to the deed to his son, could not be constructive notice to a purchaser or mortgagee of the latter. For upon searching the…
2Cases cited1 opinion
- Anderson v. RobertsNew York Supreme Court · 1820
3Cited by19 opinions
- Thames & Co. v. Rembert's Adm'rSupreme Court of Alabama · 1879
- Murphy v. . BriggsNew York Court of Appeals · 1882
- Bailey v. GalpinSupreme Court of Minnesota · 1889
- Colquitt v. ThomasSupreme Court of Georgia · 1850
- Fort v. BurchNew York Supreme Court · 1848
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