Reports of Cases in Law and Equity in the Supreme Court of the State of New York, Volume 22Gould, Banks & Gould, 1857 - Law reports, digests, etc |
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Page 55
... premises has , to have the mortgage satisfied first out of the part remaining unsold , is an equitable and not a legal right ; and therefore , any rights which the holder of the first mortgage on the whole premises may have , are not ...
... premises has , to have the mortgage satisfied first out of the part remaining unsold , is an equitable and not a legal right ; and therefore , any rights which the holder of the first mortgage on the whole premises may have , are not ...
Page 59
... premises are alone affected by the stat- ute so as to be affected by a recorded deed . ( 4 Edw . 242. ) IV . The ... premise of the proposition on which they ask relief is that our deed is void as against thefr mortgage by rea son of ...
... premises are alone affected by the stat- ute so as to be affected by a recorded deed . ( 4 Edw . 242. ) IV . The ... premise of the proposition on which they ask relief is that our deed is void as against thefr mortgage by rea son of ...
Page 61
... premises , but also upon notice or knowl- edge of such alienation by subsequent grantees or mortgagees ! of the whole or any portion of the residue . I do not think the plaintiffs can be charged with constructive notice of the deed of ...
... premises , but also upon notice or knowl- edge of such alienation by subsequent grantees or mortgagees ! of the whole or any portion of the residue . I do not think the plaintiffs can be charged with constructive notice of the deed of ...
Page 63
... premises , the rule is well settled . There no question of notice can arise , and all that is to be done is to apply the equity which grows out of the relation which the par- ties necessarily bear to each other . But the right which a ...
... premises , the rule is well settled . There no question of notice can arise , and all that is to be done is to apply the equity which grows out of the relation which the par- ties necessarily bear to each other . But the right which a ...
Page 65
... premises are rarely taken without considering and relying upon the equity which will arise in favor of the second mortgagee to have the first mortgage charged upon the residue of the property ; and if these equities could be defeated or ...
... premises are rarely taken without considering and relying upon the equity which will arise in favor of the second mortgagee to have the first mortgage charged upon the residue of the property ; and if these equities could be defeated or ...
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Common terms and phrases
agent agreement Ainsworth & Hunt alleged answer appeal applied assignment assignors authority Barb cause of action charge Charles Ludlow claim commenced common council common law complaint construction contract corporation counsel county court court of equity Cowen damages debt deed defendant delivered entitled equity evidence execution fact fendants Fultonville Fund Life Assurance grant ground held highway Hudson River husband injury intended interest John judge judgment jurisdiction jury justice land legislature liable Margaret Thornton mayor ment mortgage National Loan Fund objection owner paid Paige parties payment person Peter Young Phyfe plaintiff Plank Road Port Maitland possession premises proceedings proved provisions purchase question raft Rail Road Company recover reference rule Schumacher separate estate sold special term statute street suit supreme court testator thereof tiff tion Town of Fishkill trial trustees Valton void Wend Wetmore wife witness York
Popular passages
Page 351 - In every action for the recovery of real property, or the possession thereof, the person establishing a legal title to the premises...
Page 72 - When it appears by the complaint that the plaintiff is entitled to the relief demanded, and such relief, or any part thereof consists in restraining the commission or continuance of the act complained of, either for a limited period or perpetually; 2.
Page 508 - LET dogs delight to bark and bite, For God hath made them so; Let bears and lions growl and fight, For 'tis their nature too.
Page 145 - A cause of action arising out of the contract or transaction set forth in the complaint, as the foundation of the plaintiffs claim, or connected with the subject of the action; 2.
Page 493 - Prorogation or dissolution constitutes there what is called a session; provided some act has passed. In this case, all matters depending before them are discontinued, and at their next meeting are to be taken up de novo, if taken up at all. — 1 Blackstone, 186. Adjournment, which is by themselves, is no more than a continuance of the session from one day to another, or for a fortnight, a month, etc., ad libitum.
Page 382 - Any married female may take by inheritance, or by gift, grant, devise or bequest from any person other than her husband, and hold to her sole and separate use, and convey and devise real and personal property, and any interest or estate therein, and the rents, issues and profits thereof, in the same manner and with like effect as if she were unmarried, and the same shall not be subject to the disposal of her husband nor be liable for his debts.
Page 281 - But profits or advantages which are the direct and immediate fruits of the contract entered into between the parties, stand upon a different footing. These are part and parcel of the contract itself, entering into and constituting a portion of its very elements; something stipulated for, the right to the enjoyment of which is just as clear and plain as to the fulfillment of any other stipulation.
Page 116 - When any person shall usurp, intrude into, or unlawfully hold or exercise, any public office, civil or military, or any franchise within this state, or any office in a corporation created by the authority of this state, or 2.
Page 76 - Where it shall appear by the complaint, that the plaintiff is entitled to the relief demanded, and such relief, or any part thereof, consists in restraining the commission or continuance of some act the commission or continuance of which, during the litigation, would produce injury to the plaintiff...
Page 493 - Parliament have three modes of separation, to wit: by adjournment, by prorogation or dissolution by the King, or by the efflux of the term for which they were elected. Prorogation or dissolution constitutes there what is called a session; provided some act was passed.