Palmer v. Rotary Realty Co.

In this action it is sought to establish that a certain deed of real property made by the plaintiffs to the defendant Rotary Realty Company, dated October 16, 1914, was intended as a mortgage, although by its tenor it was an absolute conveyance. The following facts I deem to be established by the evidence:

The real property in question, which consisted of a double apartment house situated on the southerly side of the Eastern Parkway Extension in the borough of Brooklyn, being 40 feet in width in front and rear by 110 feet in depth on each side, was, in February, 1908, owned by Raphael D.…