Hogarty v. Lynch
The Superior Court of New York City
This action is brought for the redemption of certain two houses and lots from an alleged mortgage. The complaint alleges that the plaintiff held a contract for the purchase of two lots of ground, upon which he was, with the aid of moneys loaned for that purpose by the vendor, erecting two dwelling-houses, upon the completion of which he was to receive a conveyance of the lots and execute a mortgage upon each lot to such vendor to secure the sum of $15,000 each—that being the…
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This action is brought for the redemption of certain two houses and lots from an alleged mortgage. The complaint alleges that the plaintiff held a contract for the purchase of two lots of ground, upon which he was, with the aid of moneys loaned for that purpose by the vendor, erecting two dwelling-houses, upon the completion of which he was to receive a conveyance of the lots and execute a mortgage upon each lot to such vendor to secure the sum of $15,000 each—that being the amount of the purchase-money and the advances so to be made to him. That the plaintiff, in the progress of such…
1Opinion of the Court
By the Court—Woodruff, J.
The plaintiff, according to his own allegations, had executed and delivered to the defendant Lynch a transfer absolute in form, conveying all his interest in the premises, and this was followed by the execution and delivery to the said Lynch of an absolute deed for the houses and lots.
Now, the very first point to be established by the plaintiff, (without which there is no foundation whatever for his claim to redeem,) is, that his transfer to Lynch was made and delivered and received as a mortgage; that it was to secure the debt which he owed Lynch.
Without inquiring…
2Cases cited1 opinion
- Stoddard v. RottonThe Superior Court of New York City · 1859