New York Court of Appeals

Jonathan W. Freeman, Appellant v. Thomas Auld, Impleaded, With Others, Respondent

December 27, 187044 N.Y. 50

Summary

The New York Court of Appeals reversed the lower courts and held that the mortgage was a lien for the full $4,000, which the assignee could enforce against the grantee, who is estopped from questioning its validity. The court ordered foreclosure for the full amount plus interest.