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

DecidedJanuary 25, 1847

StatusPublished

This text of 6 Sarat. Ch. Sent. 51 (New York Life Ins. & Trust Co. v. Smith) is published on Counsel Stack Legal Research, covering New York Court of Chancery primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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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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.

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Bluebook (online)

6 Sarat. Ch. Sent. 51, 1847 N.Y. LEXIS 193, Counsel Stack Legal Research, https://law.counselstack.com/opinion/new-york-life-ins-trust-co-v-smith-nychanct-1847.