House v. . Lockwood
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made February 18, 1892, which affirmed a judgment in favor of defendants, entered upon a decision of the court on trial at Special Term. This was an action for the foreclosure of a mortgage upon lands in Cook and La Salle counties in the state of Illinois.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made February 18, 1892, which affirmed a judgment in favor of defendants, entered upon a decision of the court on trial at Special Term. This was an action for the foreclosure of a mortgage upon lands in Cook and La Salle counties in the state of Illinois. The instrument in suit was in form a warranty deed, and was executed by the defendants to plaintiff October 7, 1876. The facts, so far as material, are stated in the opinion. The power of the wife to deed said lands as a…
1Opinion of the CourtEarl, J.
On the 7th day of October, 1876, the defendant-John L. Lockwood had the title to certain real estate situate. in the state of Illinois, but his wife, the other defendant, was the real owner thereof. On that day he and his wife executed -a deed of the property to the plaintiff, and he claims that the deed, although absolute in form, was intended as a mortgage to secure an indebtedness due from Lockwood. Subsequently, un the seventh day of December, the plaintiff and his wife ■executed a deed of the same real estate to Mrs. Lockwood, which he claims was never delivered. His claim is that the…
2Cases cited3 opinions
- Reynolds v. StocktonSupreme Court of the United States · 1891
- Embury v. . ConnerNew York Court of Appeals · 1850
- Jackson ex dem. Genet v. WoodNew York Supreme Court · 1829
3Cited by69 opinions
- Rudd v. . CornellNew York Court of Appeals · 1902
- Helene Marceau Sidebotham v. W. L. Robison, Administrator of the Estate of Robert Sidebotham, Deceased, and Robert Sidebotham and James SidebothamCourt of Appeals for the Ninth Circuit · 1955
- Willis v. WillisWyoming Supreme Court · 1935
- Silberstein v. . SilbersteinNew York Court of Appeals · 1916
- Paulos v. JanetakosNew Mexico Supreme Court · 1942
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