Melenky v. Melen

Davis, J.:

At the March term we affirmed without opinion the judgment of the Special Term entered upon the report of an official referee. (206 App. Div. 649.)

The learned counsel for the appellant urges with great earnestness that we have overlooked important reasons why the judgment should be reversed, based both upon the facts and upon the law, and calls our attention to additional authorities. We have thought it advisable, therefore, to state formally our views concerning this litigation.

*48The action is brought to have deeds, absolute on their face, declared to be mortgages, and for an…