8 Paige Ch. 361 | New York Court of Chancery | 1840
The bill in this cause is filed to foreclose a mortgage given by the defendant Maltby on a tract of land in Buffalo, consisting of four pieces, according to a diagram annexed to the answer of the defendants Linhart, Buchanan and Hodge, numbered lots 1, 2, 3 and 4. The mortgage to the complainants was given in October, 1835, for $5000, and interest, and was recorded on the 10th of October. At that time Linhart was in possession of No. 2, Buchanan of No. 1, and Hodge of No. 3, under contracts to purchase of Maltby. And 1 infer, from the answer, that Maltby himself had not then the legal title to the premises 3 but that he had a contract to purchase from Squires, which he consummated by obtaining a deed previous to the conveyances to these three defendants, about the 1st of May, 1836. The only question therefore is whether the defendants are to lose the payments they made to Maltby, before they had actual notice of the complainants’ mortgage. If I am right in supposing that the title
If the defendants had given the complainants notice of their respective claims, and had offered to pay the amounts remaining due from them respectively, in part discharge of the complainants’ mortgage, upon having their lgt,s released, it might have been a proper case to charge the complain
As the lots of Buchanan and Hodge are only charged to the extent of what is actually due for the purchase money of each lot, which of course the owners of those lots are obliged to pay either to the complainants or to Maltby,