64 N.Y. 550 | NY | 1876
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This case has been before this court upon a demurrer to the complaint. A majority of the court overruled the demurrer, holding that the count which set up an equitable lien upon the property belonging to the plaintiff, and charged that defendant had wrongfully sold and converted the property to its own use, and deprived the plaintiff of his lien, was good. (
These views render it unnecessary to examine the question whether the defendant is to be regarded as a bona fide mortgagor or not. Nor is it necessary to determine whether such an action can be maintained, nor, if it may, what facts will suffice for that purpose. Those questions will arise when a case is presented, showing that the prior lien has been impaired or destroyed.
The judgment must be affirmed.
All concur.
Judgment affirmed.