Dey v. Dunham
New York Court of Chancery
THE bill stated, that M. & W. Ward, booksellers, and partners, being seised of fifty lots of land in the 9th ward of the city of New-York, on the 27th of January, 1810, conveyed the same to the defendant, by an absolute deed, but "*which was intended only as security for some temporary purpose, or if for security for money due, it was for money due on a usurious contract; and the temporary purpose (if any) for which the deed was given, was accomplished before the 27 th of…
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THE bill stated, that M. & W. Ward, booksellers, and partners, being seised of fifty lots of land in the 9th ward of the city of New-York, on the 27th of January, 1810, conveyed the same to the defendant, by an absolute deed, but "*which was intended only as security for some temporary purpose, or if for security for money due, it was for money due on a usurious contract; and the temporary purpose (if any) for which the deed was given, was accomplished before the 27 th of July, 1810, when the deed remained uncancelled in the defendant’s hands; and, on that day, a writing was executed under…
1Opinion of the Court
The Chancellor.
A deed charged in the bill, and admitted in the answer, may be read at the hearing, without being an exhibit before the examiner, and without a previous notice or rule to produce and prove it at the hearing. The case is not within the reason of the general rule of practice on the subject, and there can be no surprise on the defendant.
[ * 189 ]
*The Chancellor. The first and principal question is, whether the assignment to the plaintiffs will carry the title to the 50 lots, in preference to the prior deed to the defendant.
The deed to the defendant of the 50 lots was, on its face,…
2Cited by6 opinions
- Peterson v. ClarkNew York Supreme Court · 1818
- Hollister v. LoudMichigan Supreme Court · 1852
- Barstow v. McLachlanIllinois Supreme Court · 1881
- Strayhorn v. McCallSupreme Court of Arkansas · 1906
- Wilkinson v. YaleU.S. Circuit Court for the District of Michigan · 1853
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