Mace v. Thayer
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, J. Austin Mace, from a judgment of the Supreme Court in favor of the defendant Esther J. Lockwood, entered in the office of the clerk of the county of Albany on the 12th day of September, 1899, upon the report of a referee. This action was brought by the plaintiff to foreclose a mortgage executed by' the defendants Thayer to one Winters,, the plaintiff’s. assignor, to secure the payment of the sum of $1,000, with interest..
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Appeal by the plaintiff, J. Austin Mace, from a judgment of the Supreme Court in favor of the defendant Esther J. Lockwood, entered in the office of the clerk of the county of Albany on the 12th day of September, 1899, upon the report of a referee. This action was brought by the plaintiff to foreclose a mortgage executed by' the defendants Thayer to one Winters,, the plaintiff’s. assignor, to secure the payment of the sum of $1,000, with interest.. The defendant Lockwood claims k lien upon the land prior to the plaintiff’s lien, arising under a deed by which the defendants Thayer originally…
1Opinion of the Court
Smith, J.:
The answer to a single question will determine this appeal. .After having made and delivered the deed to the defendants Thayer with the reservation in behalf of the defendant Lockwood, was Samuel Green authorized to revoke the same? The referee has found that Samuel Green at the time intended to make an absolute gift to the defendant Lockwood and did not intend to make a testamentary disposition which was to be revokable. This finding is, we think, based upon abundant evidence, and, if the question involved be one of fact, the appeal must fail.
The appellant, however, urges, first,…
2Cases cited5 opinions
- Williams v. . FitchNew York Court of Appeals · 1859
- Townsend v. . RackhamNew York Court of Appeals · 1894
- Fulton v. FultonNew York Supreme Court · 1866
- Smith v. . PerineNew York Court of Appeals · 1890
- Kelsey v. CooleyNew York Supreme Court · 1890
3Cited by3 opinions
- Van Cleef v. MaxfieldNew York Supreme Court · 1918
- In re the Estate of SteinNew York Surrogate's Court · 1966
- In re the Judicial Settlement of the Account of RoseNew York Surrogate's Court · 1901