Mooney v. . Byrne
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered March 20, 1897, affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered March 20, 1897, affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The deed having been given as security only, the transaction constituted a mortgage; and this would be so even if there had been no written agreement on the part of Byrne to reconvey. (Horn v. Keteltas, 46 N. Y. 605; Meehan v. Forrester, 52 N. Y. 277; Peugh…
1Opinion of the CourtVann, J.
The case made by the complaint was that of "a mortgagor with a right to redeem from a mortgagee or his devisees in possession. The defendants denied that there was any mortgage, alleged an absolute conveyance from the plaintiff to one Owen Byrne, and a subsequent conveyance from the latter to a bona fide"purchaser. They also pleaded the Statute of Limitations and specified the period of six and ten years as the limit exceeded by the plaintiff in bringing her action.
The facts agreed upon by the parties and admitted by the pleadings are in substance as follows : On the 14th of August, 1878, the…
2Cases cited18 opinions
- Peugh v. DavisSupreme Court of the United States · 1878
- May v. Le ClaireSupreme Court of the United States · 1871
- Hart v. EyckNew York Court of Chancery · 1816
- Horn v. . KeteltasNew York Court of Appeals · 1871
- Mills v. . MillsNew York Court of Appeals · 1889
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3Cited by84 opinions
- Simpson v. . Foundation Co.New York Court of Appeals · 1911
- United States v. DunnSupreme Court of the United States · 1925
- Indianapolis Morris Plan Corp. v. KarlenNew York Court of Appeals · 1971
- Upson v. OtisCourt of Appeals for the Second Circuit · 1946
- J. W. Pierson Co. v. FreemanSupreme Court of New Jersey · 1933
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