22 Barb. 338 | N.Y. Sup. Ct. | 1856
The title to the premises in question, in 1818, was in Peter Young; who is the common source of title of the respective, parties to the action. In October of that year, Stephen S. Munn recovered a judgment against Young and Abraham Cutler, which was docketed on the
It will be seen from the foregoing statements and deductions of the titles of the parties, that at the time of the execution of the mortgage from Abraham Cutler to the New York Life In
There was no such adverse possession as would avoid any of the conveyances in the plaintiffs’ chain of title. Peter Young, while in possession, was estopped by the sale and conveyance under the Mowatt judgment from setting up another title in himself; he was also estopped by the decree in the foreclosure suit, to which he was a party defendant; and it is proved that Henry and Andrew J. Cutler went into possession about 1850, under an agreement with Petet Young to support him; he claiming a life lease as before stated, and who then surrendered the possession. They were therefore estopped, in like manner with Peter Young, from disputing the title sought to be enforced by the plaintiffs. (Jackson v. Parker, 9 Cowen, 84. Jackson v. Graham, 3 Caines, 188. Jackson v. Hinman, 10 John. 292. Burhans v. Van Zandt, 3 Selden, 525. Jackson v. Harder, 4 John. 202.)
The mortgage having priority, notice to the mortgagees of the hostile title at the time of the sale under the decree in the foreclosure suit, or subsequently to any persons claiming under that sale, cannot affect their title under the mortgage. The
These views appear to me to dispose of the case, and to show that the plaintiffs, who have proved a regular deduction of title through the sale in the foreclosure suit, are entitled to judgment.
Judgment is accordingly ordered for the plaintiffs.
T. R. Strong, Welles and Smith, Justices.]