New York Court of Appeals

Eliza A. Munoz, as Administratrix v. Eliza A. Wilson, Impleaded

November 27, 1888111 N.Y. 295

Summary

The Court affirmed the judgment in favor of the plaintiff, holding that the lack of a bond does not defeat a mortgage when the mortgage itself evidences the debt, that delivery of a mortgage to a third party for the mortgagee's use is sufficient, that a party witness's testimony may be discredited, and that a recorded mortgage has priority over a prior unrecorded deed.