Dunham v. Dey
Court for the Trial of Impeachments and Correction of Errors
THIS was an appeal from the Court of Chancery. The respondent, in his bill in the court below, stated that Matthias and William, Ward were copartners in the business of booksellers, before, on, and after the 27th of January, 1810, on which day, M. Ward was seised of fifty lots of ground in the ninth ward of the city of New- York, containing each 25 feet by 100. That M. Ward gave to the appellant a deed of „ v i? » i . conveyance for these lots, which was absolute on the face…
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THIS was an appeal from the Court of Chancery. The respondent, in his bill in the court below, stated that Matthias and William, Ward were copartners in the business of booksellers, before, on, and after the 27th of January, 1810, on which day, M. Ward was seised of fifty lots of ground in the ninth ward of the city of New- York, containing each 25 feet by 100. That M. Ward gave to the appellant a deed of „ v i? » i . conveyance for these lots, which was absolute on the face of v «vii i . n it, but was intended only as a security, or tor some tempo* rary purpose understood between them, and…
1Opinion of the CourtPlatt, J.
The object of the respondent’s bill was to vacate and cancel the title of David Dunham, on three grounds; 1st» That the debt for which the lots were pledged to Dunham, had been paid; 2dly. That the deed to Dun-ham was in violation of the statute against usury, and, therefore, void ; and, 3dly. That the conveyance to Dun-ham was not registered as a mortgage, pursuant to the statute ; and, therefore, it cannot defeat or prejudice the subsequent conveyance to Dey.
The payment, and the usury charged in the bill, are denied in the answer. Whether the Chancellor has properly decided that the…
2Cited by24 opinions
- James v. MoreyCourt for the Trial of Impeachments and Correction of Errors · 1823
- Van Heusen Charles v. . RadcliffNew York Court of Appeals · 1858
- Fort v. BurchNew York Supreme Court · 1849
- Houston v. McCluneyWest Virginia Supreme Court · 1874
- Prescott v. HeardMassachusetts Supreme Judicial Court · 1813
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