Ryan & Nevins v. Dox
New York Supreme Court
i PPBAL from a judgment entered upon the report of a JTl referee. The complaint stated that the plaintiff Eyan, about the 3d of May, 1839, purchased and became seised in fee simple of certain premises and real estate therein described, situated in the village of Geneva in the county of Ontario.
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i PPBAL from a judgment entered upon the report of a JTl referee. The complaint stated that the plaintiff Eyan, about the 3d of May, 1839, purchased and became seised in fee simple of certain premises and real estate therein described, situated in the village of Geneva in the county of Ontario. That on the same day Eyan paid a portion of the purchase money down, and executed and delivered a mortgage upon the same premises to one William W. Watson, to secure the payment of $800, the balance of the purchase money, payable in installments. That on the 1st day of October, 1841, Eyan conveyed to…
1Opinion of the Court
By the Court, Welles, J.
It may be regarded as a settled doctrine of courts of equity, that parol evidence is admissible to *447show that a deed, absolute in its terms, was intended only as a mortgage. (4 Kent’s Com. 142, 3d ed. Strong v. Stewart, 4 John. Ch. 167, and cases there cited. Whittick v Kane, 1 Paige, 202. Van Buren v. Olmstead, 5 id. 9. Hodges v. Tenn. Mar. Ins. Co., 4 Selden, 416.) The rule of law is otherwise. (Webb v Rice, 6 Hill, 219.)
It seems to me, however, that the equitable doctrine does not extend to an official conveyance. The parol evidence contemplated is always upon the…
2Cases cited2 opinions
- Whittick v. KaneNew York Court of Chancery · 1828
- Lathrop v. HoytNew York Supreme Court · 1849
3Cited by4 opinions
- Marie v. GarrisonThe Superior Court of New York City · 1883
- Blitz v. MoranColorado Court of Appeals · 1902
- Blitz v. MoranColorado Court of Appeals · 1902
- Estate of Snook, Superior Court of California, County of San Francisco1897