Griswold v. Fowler

By the Court.*—Birdseye, J.

—The plaintiffs sold and conveyed to the defendant Fowler a tract of land on Staten Island, containing thirty-five acres and one quarter, and took hack from him a mortgage upon the same premises to secure a portion of the purchase money. The mortgage described the land as a single lot or tract.

Subsequently to the giving of the mortgage, Fowler proceeded to run streets through the land, and laid it out in blocks and lots, with the design of selling it for village or town purposes. He caused a map of these subdivisions to be made; and has, it would seem, sold some of…