Queens County Sav. Bank v. Hudson
This text of 82 N.Y.S. 6 (Queens County Sav. Bank v. Hudson) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
This case was correctly decided below, if the proper effect was given to a release of a portion of the premises from a mortgage thereon. The question is whether this release included easements to use certain private roads. The description in the release is not broad enough in its terms to embrace such easements. Kings Co. Fire Ins. Co. v. Stevens, 87 N. Y. 287, 41 Am. Rep. 361. Nor did the easements pass as appurtenances to the land specifically released. Parsons v. Johnson, 68 N. Y. 66, 23 Am. Rep. 149; Longendyke v. Anderson, 101 N. Y. 625, 4 N. E. 629. It would seem, therefore, that the learned trial judge was right in holding that the mortgagee, upon foreclosure, has the right to have the mortgaged premises sold free from such easements, if that course is necessary in order to realize a sufficient sum to pay the amount due.
The judgment should be affirmed.
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Cite This Page — Counsel Stack
82 N.Y.S. 6, 83 A.D. 629, Counsel Stack Legal Research, https://law.counselstack.com/opinion/queens-county-sav-bank-v-hudson-nyappdiv-1903.