Myers v. Wheeler
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, John P. Myers and another, as executors, etc., of David S. Ingalls, deceased, from a judgment of the Supreme Court in favor of the defendants, Bradley P. Wheeler and Hattie L. Wheeler, entered in the office of the clerk of the county of Erie on the 19th day of February, 1897, upon the decision of the court rendered after a trial at the Erie Special Term, canceling of record a mortgage on real estate because it was usurious, with notice of an…
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Appeal by the plaintiffs, John P. Myers and another, as executors, etc., of David S. Ingalls, deceased, from a judgment of the Supreme Court in favor of the defendants, Bradley P. Wheeler and Hattie L. Wheeler, entered in the office of the clerk of the county of Erie on the 19th day of February, 1897, upon the decision of the court rendered after a trial at the Erie Special Term, canceling of record a mortgage on real estate because it was usurious, with notice of an intention to bring up for review upon such appeal an order entered in said clerk’s office on the 19th day of" February, 1897,…
1Opinion of the Court
Follett, J.:
A mortgagor owning the fee of the land covered by an usurious mortgage may maintain an equitable action to have the mortgage *329surrendered and the record thereof canceled as a cloud upon his title. (Morse v. Hovey, 9 Paige, 197; Hartson v. Davenport, 2 Barb. Ch. 77; Williams v. Ayrault, 31 Barb. 364; S. C., sub. nom. Williams v. Fitzhugh, 44 Barb. 321; affd., 37 N. Y. 444 ; 5 Trans. App. 61; Tyler Usury, 435 et seq.)
The cases of which Minturn v. Farmers’ Loan & Trust Co. (3 N. Y. 498); Allerton v. Belden (49 id. 373) and The Town of Venice v. Woodruff (62 id. 462) are types, are not…
2Cases cited10 opinions
- National Bank v. . LewisNew York Court of Appeals · 1878
- Equitable Life Assurance Society of United States v. CuylerNew York Court of Appeals · 1878
- Morton v. . ThurberNew York Court of Appeals · 1881
- Williams v. . FitzhughNew York Court of Appeals · 1868
- Minturn v. . Farmers' Loan and Trust Co.New York Court of Appeals · 1850
5 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Yormark v. WaldmanNew York Supreme Court · 1926
- Haus v. SouleAppellate Division of the Supreme Court of the State of New York · 1911
- Loew v. McInerneyAppellate Division of the Supreme Court of the State of New York · 1913
- North River Mortgage Corp. v. 254 Sixth Ave. Realty Corp.New York Supreme Court · 1930
- Charlton v. WardNew York Supreme Court · 1918
2 more not listed; retrieve them via the Exa API.