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New York Vs. Maclay
Cites for this judgment
- US Supreme Court
- Feb 06, 1933
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U.S. 290 (1933) U.S. Supreme Court New York v. MaclaySearch
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U.S. 290 (1933) New York v. MaclaySearch
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and creditors were directed to file their claims. The decree had the effect of a general assignment. Price v. UnitedSearch
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decree was affirmed. 59 F.2d 979. The case is here on certiorari. The decision of this Court in County of Spokane v. UnitedSearch
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Marshall, C.J., in United States v. FisherSearch
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Cranch 358, 6 U. S. 397 . Cf. Florida v. MellonSearch
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preferred at the time of the appointment, did not win itself a preference by anything done thereafter. United States v. OklahomaSearch
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or purchase at their own risk if they take their mortgages or deeds before the tax has been assessed or paid. Carey v. MinorSearch
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Engelhardt v. AlvinoSearch
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Stock v. MannSearch
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N.Y. 100, 104, 174 N.E. 76. It will even be superior at all events after assessment ( N.Y. Terminal Co. v. GausSearch
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to mortgages already made, and will thus prevail against a purchaser who buys at a foreclosure sale. N.Y. Terminal Co. v. GausSearch
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supra. Cf. Marshall v. NewSearch
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The assumption is hardly to be reconciled with a judgment of this Court pronounced a century and more ago. Thelusson v. SmithSearch
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divesting the debtor of his title and leaving nothing but an equity to which a preference can attach. Conard v. AtlanticSearch
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Brent v. BankSearch
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Savings & Loan Society v. MultnomahSearch
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mortgage cases is to be applied in jurisdictions where a mortgage upon real estate is a lien and nothing more ( Trimm v. MarshSearch
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it imports a modification of the holding in the Thelusson case as to the lien of a judgment. Cf. United States v. CanalSearch
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United States v. DuncanSearch
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A mortgage, even though a lien is one much more specific than a judgment or a tax, much closer to ownership. Conard v. AtlanticSearch
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U.S. Supreme Court New York v. MaclaySearch
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Price v. UnitedSearch
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County of Spokane v. UnitedSearch
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Cf. Florida v. MellonSearch
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United States v. OklahomaSearch
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Carey v. MinorSearch
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N.Y. Terminal Co. v. GausSearch
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Cf. Marshall v. NewSearch
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Thelusson v. SmithSearch
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Conard v. AtlanticSearch
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Trimm v. MarshSearch
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Cf. United States v. CanalSearch
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United States v. FisherSearch
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