Brown v. Dewey
New York Supreme Court
In Equity. This was an appeal from a decree of the assistant vice chancellor of the first circuit. On the 27th day -of January, 1840, the plaintiff executed to the defendant a deed for a farm in the county of Schoharie; and at the same time an agreement was executed between the parties as follows: “ Article of agreement made the twenty-seventh day of January, 1840, between Elias Dewey of the town of Jefferson and county of Schoharie and state of New-York, of the first part,…
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In Equity. This was an appeal from a decree of the assistant vice chancellor of the first circuit. On the 27th day -of January, 1840, the plaintiff executed to the defendant a deed for a farm in the county of Schoharie; and at the same time an agreement was executed between the parties as follows: “ Article of agreement made the twenty-seventh day of January, 1840, between Elias Dewey of the town of Jefferson and county of Schoharie and state of New-York, of the first part, and Elisha Brown of the town of Summit, and the same county and state, of the second part. Whereas the party of the…
1Opinion of the CourtHarris, J.
The real question in this case is whether the parties intended the deed of the 27th of January, 1840, as a security for money, or a sale. In form, the conveyance is absolute, with an agreement to re-convey upon certain conditions. But' if it appears either from the instrument executed by the parties, or by parol evidence, that the transaction was originally intended as a security for money, no form of words used by the parties in executing their intent will be allowed, in a court of equity, to defeat their object. Although a great number of fitnesses have been examined in this cause, there is…
2Cases cited2 opinions
- Glover v. PaynNew York Supreme Court · 1838
- Robinson v. CropseyNew York Court of Chancery · 1837
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- Matthews v. . SheehanNew York Court of Appeals · 1877
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