New York Life Ins. & Trust Co. v. Smith

New York Court of Chancery

New York Life Ins. & Trust Co. v. Smith

6 Sarat. Ch. Sent. 51, 1847 N.Y. LEXIS 193

New York Court of Chancery·Decided January 25, 1847·Published

Opinion

Application by defendant Smith to open a decree which had been entered and enrolled, and to let him in to defend the suit. The Chancellor decided that the recording of the assignment of a mortgage is not of itself to be deemed notice to the mortgagor of such assignment, so as to invalidate any payment made by him, or his heirs or representatives, to the mortgagee. That the recording of such an assignment it only constructive notice of the assignment as against persons claiming by virtue of some subsequent assignment or conveyance from the mortgagee or assignor of the mortgage, or his representatives.

Petition denied, with $10 costs to be paid by C. Smith.

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Application by defendant Smith to open a decree which had been entered and enrolled, and to let him in to defend the suit. The Chancellor decided that the recording of the assignment of a mortgage is not of itself to be deemed notice to the mortgagor of such assignment, so as to invalidate any payment made by him, or his heirs or representatives, to the mortgagee. That the recording of such an assignment it only constructive notice of the assignment as against persons claiming by virtue of some subsequent assignment or conveyance from the mortgagee or assignor of the mortgage, or his representatives.

Petition denied, with $10 costs to be paid by C. Smith.

New York Life Ins. & Trust Co. v. Smith, 6 Sarat. Ch. Sent. 51, 1847 N.Y. LEXIS 193 (N.Y. 1847).

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6 Sarat. Ch. Sent. 51 (New York Life Ins. & Trust Co. v. Smith) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.