Thompson v. Hickey
New York Supreme Court
The plaintiff being the owner of a small plot of ground in Greenwood cemetery, in which the bodies of three of his children were buried, borrowed of the defendant Hickey, a small sum of money, and as security for its return gave to Hickey a conveyance of the lot. The defendant Hickey, afterwards, without notice to the plaintiff, conveyed the lot to the defendant Farnham, who subsequently sold and conveyed it to the defendant Clark.
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The plaintiff being the owner of a small plot of ground in Greenwood cemetery, in which the bodies of three of his children were buried, borrowed of the defendant Hickey, a small sum of money, and as security for its return gave to Hickey a conveyance of the lot. The defendant Hickey, afterwards, without notice to the plaintiff, conveyed the lot to the defendant Farnham, who subsequently sold and conveyed it to the defendant Clark. The plaintiff was then called upon to remove the bodies of his buried children, with a threat from one of the defendants that if the plaintiff refused, the…
1Opinion of the CourtVan Vorst, J.
— The evidence clearly enough shows that the conveyance made by the plaintiff to the defendant Hickey, of the burial plot, was intended as, security only for the repayment of the moneys loaned ; and although it is absolute in form, it was a mortgage security only, which character it has not lost, and as such it must be considered (Horn agt. Keteltas, 46 N. Y, 605).
*435The right of the plaintiff as mortgagor, could not be divested by the private sale made by Hickey to Farnham, and by the latter to Clark (Lawrence agt. The Farmers’ Loan & Trust Co., 13 N. Y., 200). Heither Hickey nor his immediate…
2Cases cited3 opinions
- Beatty and Ritchie v. Kurtz and OthersSupreme Court of the United States · 1829
- Lawrence v. . the Farmers' Loan and Trust Co.New York Court of Appeals · 1855
- Lautz v. BuckinghamNew York Supreme Court · 1871
3Cited by8 opinions
- Gardner v. Swan Point CemeterySupreme Court of Rhode Island · 1898
- Peterson v. StolzCourt of Appeals of Texas · 1925
- Persinger v. PersingerFayette County Court of Common Pleas · 1949
- Clarke v. KeatingNew York Supreme Court · 1918
- Opinion No. (2007), Oklahoma Attorney General Reports2007
3 more not listed; retrieve them via the Exa API.