Baker v. Thrasher
New York Supreme Court
Ejectment for two village lots in the village of Avon, tried at the Livingston circuit in October, 1844, before Whiting, Cir. Judge. On the 1st of October, 1839, the defendant conveyed the lots in question to the plaintiff by an absolute deed, with covenant of warranty.
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Ejectment for two village lots in the village of Avon, tried at the Livingston circuit in October, 1844, before Whiting, Cir. Judge. On the 1st of October, 1839, the defendant conveyed the lots in question to the plaintiff by an absolute deed, with covenant of warranty. On the same day the plaintiff executed a covenant to the defendant, by which it was recited that the defendant by a computation that day made had been found indebted to the plaintiff in the sum of $1160,25: that there was a judgment in this court in favor of Bush & Bryant against the defendant and his brother Francis Thrasher,…
1Opinion of the Court
By the Court, Bronson, Ch. J.
These two instruments must undoubtedly be read and construed together: but they do not make a mortgage. A mortgage is a conveyance of lands, upon a condition in the deed, or a defeasance out of it, that on the grantor’s paying a sum of money, or doing some other act, the conveyance shall be void; and performance of the condition, without any other act, puts an end to all title and interest in the grantee. Some modern cases have held, and such are cited at the bar, that although there be no condition or defeasance under which the deed may be avoided, but only a…
2Cases cited1 opinion
- Palmer v. GurnseyNew York Supreme Court · 1831
3Cited by16 opinions
- Gassert v. BogkMontana Supreme Court · 1888
- Turner v. KerrSupreme Court of Missouri · 1869
- Rockwell v. HumphreyWisconsin Supreme Court · 1883
- Low v. HenryCalifornia Supreme Court · 1858
- MacAulay v. . PorterNew York Court of Appeals · 1877
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