Macauley v. Smith
New York Court of Appeals
Appeal from a judgment of the General Term of the fifth department affirming a judgment of the Special Term of Monroe County dismissing the complaint after a trial on the merits.
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Appeal from a judgment of the General Term of the fifth department affirming a judgment of the Special Term of Monroe County dismissing the complaint after a trial on the merits. The action was brought by Antoinette Macauley against Robert H. Smith and others 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 entered was for the recovery of…
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 *280Howland, 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 cited22 opinions
- Villa v. RodriguezSupreme Court of the United States · 1871
- Beck v. BurdettNew York Court of Chancery · 1829
- Jackson ex dem. Saunders v. CadwellNew York Supreme Court · 1824
- Thurber v. . BlanckNew York Court of Appeals · 1872
- Rinchey v. . StrykerNew York Court of Appeals · 1863
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