Munoz v. . Wilson
New York Court of Appeals
Appeal from order of the General Term of the Supreme Oourt in the second judicial department, entered upon an order made December 14, 1886, which, affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. This action was brought to foreclose a mortgage executed .by defendant George Wilson to Elizabeth J. Clay, plaintiff’s intestate, the terms of which, as well as the material facts, are stated in the opinion.
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Appeal from order of the General Term of the Supreme Oourt in the second judicial department, entered upon an order made December 14, 1886, which, affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. This action was brought to foreclose a mortgage executed .by defendant George Wilson to Elizabeth J. Clay, plaintiff’s intestate, the terms of which, as well as the material facts, are stated in the opinion. The defendant, Eliza A. Wilson, wife of defendant, Michael K. Wilson, alone appealed. One who hands a mortgage to a person, other than the…
1Opinion of the Court
Ruger, Ch. J.
Michael K. Wilson was, on February 2, 1878, the owner of the lands described in the complaint, and, on some day subsequent thereto, and prior to February fourteenth thereafter, executed and delivered, to the defendant, George Wilson, a deed of such property, and the grantee thereupon entered into possession and collected rents derived therefrom.
The case does not show that any consideration was paid for this transfer; but the trial court found, upon sufficient evidence, that the deed was executed and delivered by the grantor without consideration, and with intent to hinder, delay…
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