Legal Opinion

Ensign v. . Ensign

New York Court of Appeals

Decided June 3, 1890PublishedCited by 29 opinions

Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made January 1, 1888, which modified and affirmed as modified a judgment in favor of plaintiff entered upon the report of a referee.

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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 January 1, 1888, which modified and affirmed as modified a judgment in favor of plaintiff entered upon the report of a referee. The following is the opinion in full: “ This action was begun February 19, 1886, to have a deed, absolute on its face, executed a'nd delivered by the plaintiff to the defendant October 24,1884, and recorded January 2,1885, adjudged to be a mortgage. The rule that such a deed may, in an action between the parties to it, be shown by oral evidence,…

1Opinion of the Court

Follett, Ch. J.,

reads for affirmance.

All concur except Bbadley and Haight, JJ., not sitting.

Judgment affirmed.

2Cited by29 opinions

  1. Jasper v. HazenNorth Dakota Supreme Court · 1894
  2. DeVita v. PianisaniAppellate Terms of the Supreme Court of New York · 1926
  3. Stitt v. Rat Portage Lumber Co.Supreme Court of Minnesota · 1905
  4. In the Matter of 716 Third Avenue Holding Corp., Bankrupt. Jeremiah F. Cross, Trustee-Appellant v. A.G v. Associates, Inc.Court of Appeals for the Second Circuit · 1964
  5. In re the Estate of EngelNew York Surrogate's Court · 1931

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