New York Court of Appeals

Peter E. N. Decker. Respondent v. Charles Boice, Appellants

December 14, 188083 N.Y. 215

Summary

The Court affirmed the judgment that the assignees of the plaintiff's mortgages, by recording their assignments before the recording of the defendants' mortgages, obtained priority under the New York Recording Act, thereby giving the plaintiff a valid title from the foreclosure sale. The Court held that the earlier rule denying such preference is no longer good law.