Thompson v. Lewis
Appellate Division of the Supreme Court of the State of New York
Cross-appeals by the plaintiff, Joseph B. Thompson, and by the defendants, Leverett J. Luce, as administrator, and another, from a judgment of the Supreme Court in favor of the respondents, entered in the office of the clerk of the county of Westchester on the 12th day of July, 1917, upon the decision of the court after a trial at the Westchester Special Term.
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Cross-appeals by the plaintiff, Joseph B. Thompson, and by the defendants, Leverett J. Luce, as administrator, and another, from a judgment of the Supreme Court in favor of the respondents, entered in the office of the clerk of the county of Westchester on the 12th day of July, 1917, upon the decision of the court after a trial at the Westchester Special Term. On the 27th of July, 1914, the plaintiff, being the owner of bn undivided one-half part of about thirty-two acres of land in Westchester county and being indebted to Lillian T. Clarke, as executrix of the last will and testament of…
1Opinion of the Court
Blackmar, J.:
The conveyance from plaintiff to the defendants Lewis and Putney, Jr., was a mortgage. It was given to secure the payment of plaintiff’s debt to Lillian T. Clarke, since deceased. The defeasance was expressed in the collateral so-called declaration of trust, which gave to plaintiff the right to
*559redeem. It was not a conveyance with an option of repurchase, for the debt existed unimpaired by the conveyance. There is nothing in the facts to take it out of the rule so often asserted by the courts and so clearly and cogently stated by Judge Vann in Mooney v. Byrne (163 N. Y. 86). (See,…
2Cases cited4 opinions
- Mooney v. . ByrneNew York Court of Appeals · 1900
- Trimm v. . MarshNew York Court of Appeals · 1874
- Moulton v. . CornishNew York Court of Appeals · 1893
- Nestell v. . HartNew York Court of Appeals · 1911
3Cited by3 opinions
- In re the Transfer Tax Upon the Estate of CossittAppellate Division of the Supreme Court of the State of New York · 1923
- Lee v. BeagellNew York Supreme Court · 1940
- Gitlin v. SchneiderNew York Supreme Court · 1964