New York Court of Appeals
De Witt Curtis, Respondent v. J. Charles Moore, Appellants
March 2, 1897152 N.Y. 159
Summary
The Court affirmed the judgment of the General Term, holding that the plaintiff's assignment of the mortgage was valid despite the lack of recording, that no merger occurred between the mortgage and the title, and that the defendant was not a bona fide purchaser of the land. The decision relied on established precedents concerning the effect of unrecorded assignments, the requirements for merger, and the irrelevance of secret trust agreements.