Saxtoh v. Hitchcock
New York Supreme Court
APPEAL from a judgment entered upon a referee’s report. The action was brought for the purpose of foreclosing a mortgage given by Daniel I. Hitchcock, one of the defendants, to the plaintiff, for $662.20; also a mortgage executed by said Daniel I. Hitchcock to the plaintiff, conditioned to indemnify him as security upon two notes given by the said Daniel I. Hitchcock.
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APPEAL from a judgment entered upon a referee’s report. The action was brought for the purpose of foreclosing a mortgage given by Daniel I. Hitchcock, one of the defendants, to the plaintiff, for $662.20; also a mortgage executed by said Daniel I. Hitchcock to the plaintiff, conditioned to indemnify him as security upon two notes given by the said Daniel I. Hitchcock. The mortgaged lands originally belonged to the defendant Zelam Hitchcock, the appellant, who was the only defendant who appeared in the action. In his answer he set up that Daniel I. Hitchcock, at the time he gave the mortgages…
1Opinion of the Court
By the Court, Miller, J.
The principal question which arises in this case is, whether the deed from Zelam Hitchcock to Daniel I. Hitchcock was intended by the parties as a sale, or as security for money loaned. The deed is absolute upon its face, but is accompanied by an agreement to reconvey the premises upon certain conditions. These conditions were not complied with, and hence the right to a reconveyance was forfeited, unless the deed, with the accompanying instrument, can be considered as a mortgage.
To constitute a mortgage, under such circumstances, it must be made to appear from the…
2Cases cited11 opinions
- Slee v. President & Directors of the Manhattan Co.New York Court of Chancery · 1828
- Grimstone v. CarterNew York Court of Chancery · 1831
- Roach v. CosineNew York Supreme Court · 1832
- Brown v. DeweyNew York Supreme Court · 1847
- Murray v. . WalkerNew York Court of Appeals · 1865
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3Cited by9 opinions
- McNamara v. CulverSupreme Court of Kansas · 1879
- Hoyt v. Union National Bank of WichitaSupreme Court of Kansas · 1924
- Reed v. ParkerWashington Supreme Court · 1903
- Rockwell v. HumphreyWisconsin Supreme Court · 1883
- In re the City of New YorkNew York Supreme Court · 1938
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