Payne v. . Wilson
New York Court of Appeals
Appeal from, judgment of the General Term of the Supreme Court, in the second judicial department, affirming a judgment in favor of plaintiff, entered upon the report of a referee. (Reported below, 11 Hun, 302.) This action was brought for the forecloseure of a mortgage.
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Appeal from, judgment of the General Term of the Supreme Court, in the second judicial department, affirming a judgment in favor of plaintiff, entered upon the report of a referee. (Reported below, 11 Hun, 302.) This action was brought for the forecloseure of a mortgage. In September, 1871, the defendant Palmer, who was the owner of certain premises which he had contracted in writing to sell to one Doran and to advance moneys to erect buildings thereon, and the said Doran, agreed with Charles Halstead, in consideration that said Halstead would furnish $8,000 in building materials, to pay half…
1Opinion of the CourtFolger, J.
It is not necessary for us to consider all the questions made on both sides in this case. We have put our judgment on the grounds stated in the following paragraphs.
It is contended that though the mortgage to Halstead be void, it is the result of a prior existing agreement before that resting in parol, and which constituted an equitable mortgage. The facts on which this contention rests are these : Palmer was the owner of the lands ; he agreed in writing to sell to Doran, and to advance moneys for the putting up of buildings ; Halstead, the subsequent mortgagee, agreed with them in writing to…
2Cases cited6 opinions
- In re HoweNew York Court of Chancery · 1828
- Fish v. HowlandNew York Court of Chancery · 1828
- Chase v. . PeckNew York Court of Appeals · 1860
- Millspaugh v. McBrideNew York Court of Chancery · 1839
- Pattison v. HullCourt Of Oyer And Terminer New York · 1828
1 more not listed; retrieve them via the Exa API.
3Cited by78 opinions
- U.S. Bank, N.A. v. CollymoreAppellate Division of the Supreme Court of the State of New York · 2009
- Harrigan v. GilchristWisconsin Supreme Court · 1904
- Union Trust Co. v. TrumbullIllinois Supreme Court · 1891
- Mortgage Electronic Registration System, Inc. v. CoakleyAppellate Division of the Supreme Court of the State of New York · 2007
- McCorkle v. . HerrmanNew York Court of Appeals · 1889
73 more not listed; retrieve them via the Exa API.