Fay v. Hebbard
New York Supreme Court
Appeal from judgment of special term, dismissing complaints.
1Opinion of the CourtDavis, P. J.
This action was brought by the plaintiff as assignee of a judgment, to have the judgment declared a lien on certain land of defendant Hebbard, by establishing that the conveyance to him of the land by the judgment debtor was a mortgage only to secure a debt of such judgment debtor and thereupon to redeem by paying off the mortgage on the lands and selling the same on the judgment. It was alleged as one of the defenses that the judgment had been bought and paid for by Abner 0. Thomas, the attorney of the plaintiff in the suit in which it had been *486recovered and title thereto taken in the…
2Cases cited3 opinions
- Wetmore v. . HegemanNew York Court of Appeals · 1882
- Brotherson v. ConsalusNew York Supreme Court · 1863
- Ferguson v. KimballNew York Court of Chancery · 1846