People ex rel. Mathews v. Woodruff
Appellate Division of the Supreme Court of the State of New York
Certiorari issued out of the Supreme Court and attested on the loth day of- February, 1902, directed to Timothy L. Woodruff, Lieutenant-Governor of the State of New York, and others, constituting the Board of Land Commissioners of the State of New York, commanding them to certify and return to the office of the -clerk of the county of Albany all and singular their proceedings in relation to the determination of an application under section 18 •of chapter 317 of the Laws of…
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Certiorari issued out of the Supreme Court and attested on the loth day of- February, 1902, directed to Timothy L. Woodruff, Lieutenant-Governor of the State of New York, and others, constituting the Board of Land Commissioners of the State of New York, commanding them to certify and return to the office of the -clerk of the county of Albany all and singular their proceedings in relation to the determination of an application under section 18 •of chapter 317 of the Laws of 1894. The State bid off certain lands upon the foreclosure of certain mortgages, executed by one Bowers to the loan…
1Opinion of the CourtParker, P. J.
It must be held, I think, that, as between Mrs.. Romeyn and the relator in this matter, the agreement of March 20, 1899, should be treated in equity as an equitable mortgage, and that as against her it would be enforced as such. It is true that such agreement itself does not purport to create a present lien upon the premises in question, but there is contained in it a distinct and positive agreement to execute a mortgage to secure the $2,000 therein mentioned in the event that the foreclosure proceedings then threatening to divest her of such lands should, for any reason, not proceed to…
2Cases cited3 opinions
- Brown v. . VolkeningNew York Court of Appeals · 1876
- Waring v. MasonNew York Supreme Court · 1837
- Husted v. . IngrahamNew York Court of Appeals · 1878
3Cited by6 opinions
- Connecticut Co. v. New York, New Haven & Hartford RailroadSupreme Court of Connecticut · 1919
- In re McConnellDistrict Court, N.D. New York · 1912
- Mathews v. DamainvilleAppellate Division of the Supreme Court of the State of New York · 1905
- Ernst v. Cary Safe Co.New York Supreme Court · 1920
- Mathews v. DamainvilleAppellate Division of the Supreme Court of the State of New York · 1905
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