Eckford's Executors v. De Kay
New York Supreme Court
APPEAL from Chancery. The appellants filed a bill in chancery for the purpose of obtaining a decree, declaring a deed of certain lands in the city of New-York, executed by Henry Eckford to Sarah Drake, bearing date 14th August, 1826, a mortgage, and giving them the right to redeem.
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APPEAL from Chancery. The appellants filed a bill in chancery for the purpose of obtaining a decree, declaring a deed of certain lands in the city of New-York, executed by Henry Eckford to Sarah Drake, bearing date 14th August, 1826, a mortgage, and giving them the right to redeem. Sarah Drake was the widow of Joseph R. Drake, who died in September, 1820, seized of two valuable lots in the city of New-York, which had been conveyed to him by Eckford in January, 1817, as a gift, on his becoming the husband of Sarah, one of the daughters of Eckford. Drake left a last will and testament, whereby…
1Opinion of the Court
After advisement, the following opinion was delivered :
By the Chief Justice.
The question presented in this case is, whether the deed from Henry Eckford and wife of certain real estate in the city of New-York, hearing date the 14th August, 1826, to Sarah Drake, in trust for her daughter Janet, should be regarded as an absolute conveyance of the property in satisfaction of an indebtedness to the estate of Doctor Drake, or only in the light of a mortgage, intended as collateral security for the same, and subject to redemption on paying the debt and interest.
The bill was filed by the personal…
2Cited by6 opinions
- Calkins v. StateWisconsin Supreme Court · 1861
- Williamson v. Field's ExecutorsNew York Court of Chancery · 1845
- Empire State Surety Co. v. CohenNew York Supreme Court · 1916
- Bellinger v. ShaperNew York Court of Chancery · 1845
- Bennett v. GarlockNew York Supreme Court · 1877
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