Fleischmann v. Tilt
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Albert Tilt and another, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Hew York on the 10th day of June, 1896, upon the decision of the court rendered after a trial at the Hew York Special Term. The action was brought to foreclose a mortgage (in the form of a deed).
1Opinion of the Court
O’Brien, J.:
On the 18th of May, 1892, the. defendant Hathaniel Jarvis, Jr., conveyed by deed to Edward T. Wood certain property, embracing the premises foreclosed. On the 13th day of June, 1892, by an instrument in writing, it was agreed that the deed should be declared and accepted as a mortgage. On the 12th day of May, 1895, Jarvis and Tilt, by an instrument in writing, mutually agreed as to “ the division or boundary line between their respective properties,” and Jarvis and wife released to Tilt all of the land to the eastward of such boundary line agreed upon, and Tilt released to Jarvis…
2Cited by3 opinions
- Dulberg v. EbenhartAppellate Division of the Supreme Court of the State of New York · 1979
- SRF Builders Capital Corp. v. VenturaAppellate Division of the Supreme Court of the State of New York · 1996
- Green Point Savings Bank v. BarbagalloAppellate Division of the Supreme Court of the State of New York · 1998