Burke v. Candee
New York Supreme Court
MOTION for an additional allowance, after a hearing before a referee and a report in favor of the defendant. The action was to declare deeds of lands worth $30,000 to be mortgages, and that the defendant held the title as trustee, &c.
1Opinion of the CourtHardin, J.
This action was brought to declare several deeds held by the defendant mortgages; and the referee has found against the plaintiffs, and that the deeds were absolute and vested the fee in the defendant, free of any trust or condition.
Had the plaintiffs succeeded, they might have asked a sale of the premises, and a payment to the defendant of the amount which should have been adjudged due the defendant, and that the balance of the proceeds be paid to the plaintiffs as owners of the equity of redemption. (Horn v. Keteltas, 46 N. Y. 605.)
The learned counsel for the plaintiffs insists that this -…
2Cases cited3 opinions
- Horn v. . KeteltasNew York Court of Appeals · 1871
- Coleman v. ChaunceyThe Superior Court of New York City · 1867
- Sackett v. BallNew York Supreme Court · 1849
3Cited by11 opinions
- Preston v. HowkAppellate Division of the Supreme Court of the State of New York · 1896
- Devlin v. Mayor of New YorkNew York Court of Common Pleas · 1873
- Eames Vacuum Brake Co. v. ProsserNew York Supreme Court · 1895
- Meyer Rubber Co. v. Lester Shoe Co.New York Supreme Court · 1895
- Meyer Rubber Co. v. Lester Shoe Co.New York Supreme Court · 1895
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