Hoschke v. Hoschke

Gaynor, J.:

The plaintiff’s mortgage was made on April 20th, 1897, but not recorded until August 23rd, 1900. Meanwhile, by a deed dated March 15th, 1900, and recorded the same' day, the owner conveyed the land to the defendant Fleisehman for a consideration of $1,100 expressed in the deed. The complaint alleges that the said deed, though purporting on its face to be an absolute conveyance, was in fact made and delivered as a mortgage to secure a loan, and that a sealed written instrument to that effect was simultane*126ously executed and delivered by the grantee to the grantor; •and as such deed…