Sponable v. Snyder — 7 Hill & Den. 427

Majority

p. 427

Sponable vs. Snyder.

Headnote

Notice to a husband, at the time of receiving a conveyance of lands to himself and his wife, of a prior unregistered mortgage, will not operate as notice to the wife, so as to give the mortgage a preference in respect to her title; especially where she pays the consideration for the conveyance out of her separate estate.

On error from the supreme court, where Elizabeth Snyder, the defendant in error, brought an action of ejectment against Philip Sponable, the plaintiff in error, and recovered judgment. For a report of the case in that court, see 1 Hill, 567 et seq. It was argued here by

S. Stevens óf D. Cady, for the plaintiff in error, and

N. Hill Jun., for the defendant in error.

The only question raised by the plaintiff in error and discussed here was, whether notice to the husband of Mrs. Snyder, of the prior unregistered mortgage to Rice, was equivalent to notice to her.

delivered opinions, concurring in substance with the view taken of the question by Mr. Justice Bronson, who delivered the opinion of the supreme court. And .

On the question being put, “Shall this judgment be reversed?” all the members of the court present who heard the argument, seventeen in number, voted for affirmance.

Judgment affirmed.