MacAuley v. . Smith
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme 'Court- in the fifth judicial department, entered upon an order made the first Tuesday of June, 1890, which affirmed a judgment in favor of defendants entered upon a decision of the ■court on trial at Special Term.
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Appeal from judgment of the General Term of the Supreme 'Court- in the fifth judicial department, entered upon an order made the first Tuesday of June, 1890, which affirmed a judgment in favor of defendants entered upon a decision of the ■court on trial at Special Term. This action was brought to have certain conveyances of real estate by warranty deeds declared to be mortgages, and to have the real estate adjudged to be subject to the lien of a certain judgment recovered by the plaintiff against the grantor in such deeds, and an execution issued thereon. The action in which the judgment was…
1Opinion of the CourtLandon, J.
The agreement which antedated the deeds by ■one day and expressed their intent and purpose should be read in connection with them. Thus read, the deeds are shown to have been given by Lucilia Tracy to Howland, Smith and 'Tracy “for the purpose of securing and in consideration of .said loan of $8,240 ” made by the grantees to the grantor and that the said deed * * * is a security for said loan for .a term not exceeding one year from the date of said deed ■* * * and that upon the repayment of said sum of $8,240, with interest within or at the expiration of one year by the ¡said Lucilia * * *…
2Cases cited12 opinions
- Villa v. RodriguezSupreme Court of the United States · 1871
- Horn v. . KeteltasNew York Court of Appeals · 1871
- Beck v. BurdettNew York Court of Chancery · 1829
- Jackson ex dem. Saunders v. CadwellNew York Supreme Court · 1824
- Shepard v. ShepardNew York Court of Chancery · 1823
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3Cited by33 opinions
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- Simpson v. . Foundation Co.New York Court of Appeals · 1911
- Mooney v. . ByrneNew York Court of Appeals · 1900
- Reiner v. ReinerAppellate Division of the Supreme Court of the State of New York · 1984
- Bunn v. BraswellSupreme Court of North Carolina · 1905
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