Chase v. Ewing
New York Supreme Court
APPEAL from a judgment entered upon the report of a referee. The action was brought by the plaintiff, as executor of Stephen Chase, deceased, to foreclose a mortgage given by the defendants to the testator, to secure the payment of $2166, with interest.
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APPEAL from a judgment entered upon the report of a referee. The action was brought by the plaintiff, as executor of Stephen Chase, deceased, to foreclose a mortgage given by the defendants to the testator, to secure the payment of $2166, with interest. The following facts were found by the referee: That on or about the 2d clay of April, 1851, the defendants, James Ewing and Mary A. his wife, executed, acknowledged and delivered the mortgage in the complaint mentioned to the plaintiff’s testator, Stephen Chase, therein named. That the said James Ewing on the 2d day of . April, 1851, paid the…
1Opinion of the Court
By the Court, Johnson, J.
“ Advancement ” and “ advancements ” are the terms used in the law dictionaries, and in our statutes, to designate money or property given by a father to his children, as a portion of his estate, and to be taken into account in the final partition or distribution thereof. “Advances” is not the appropriate term for money or property thus furnished. The latter phrase, in legal parlance, has a different and far broader signifi*613cation. It may characterise a loan or a gift, or money advanced, to be repaid conditionally. “ Lent and advanced ” was the language of the old…
2Cited by12 opinions
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- Coleman v. RensselaerNew York Supreme Court · 1873
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