Eagle Fire Co. v. Lent

Citations

• 6 Paige Ch. 635
• 1837 N.Y. LEXIS 290
• 1837 N.Y. Misc. LEXIS 64

Syllabus

<p>Where the mortgagor claimed title to the mortgaged premises under a conveyance from four grantors, two of whom were minors at the execution of the deed, but who had done no act after they became of age to disaffirm the deed; Held, that a purchaser of the equity of redemption from the mortgagor, who had taken a conveyance from him subject in terms to the payment of the mortgage, could not, upon a bill to foreclose the mortgage, set up as a defence as to any part of the mortgaged premises a quit claim deed subsequently obtained from the minors after they became of age.</p> <p>Upon a bill to foreclose a mortgage, the mortgagee has no right to make a person whose claim is prior to the mortgage, and who claims the legal title to the premises adversely both to the mortgagor and mortgagee, a party to the suit, for the purpose of testing the validity of his legal title to the mortgaged premises.</p> <p>So upon a bill for the specific performance of a contract of sale, the vendee cannot make a person who claims title to the land adversely to the vendor, a party to the suit, for the purpose of settling the validity of his title in chancery.</p> <p>The deed of an infant purporting to be founded upon a valuable consideration is not absolutely void, but merely voidable. And to render a subsequent conveyance by the infant, after he arrives of age, an act of dissent to the prior deed, it must be so inconsistent therewith that both deeds cannot properly stand together.</p> <p>Where a purchaser from the grantee of an infant subsequently takes a quit claim deed from the infant, after he becomes of age, the latter deed only operates as a confirmation of the first, and does not overreach a mortgage given by the original grantee of the infant, subject to which the grantee in the last deed purchased the property.</p>