Heath v. New York Building Loan Banking Co.

This is an appeal from an order of the special term resettling the findings in an action tried before the court without a jury, and modifying the judgment granted therein. The action was brought to set aside a mortgage, and to rescind a deed and agreement, upon plaintiff paying to the defendant the amount of its advances. It resulted in a judgment which purported to dismiss the complaint on its merits, and at the same time allowed the plaintiff to redeem within a given period, on payment of a specified sum; and, on his failure to redeem, it decreed a sale for the payment of defendant’s lien.…