Glover v. Payn
New York Supreme Court
This was an action of ejectment for the recovery of a house and lot, tried at the Albany circuit in October, 1836, before the Hon. James Vanderpoel, then one of the circuit judges.
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This was an action of ejectment for the recovery of a house and lot, tried at the Albany circuit in October, 1836, before the Hon. James Vanderpoel, then one of the circuit judges. The plaintiff read in evidence a deed from Samuel Payn to Edward C. Delavan, conveying the premises in question, bearing date 11th July, 1831, purporting to have been executed for the consideration of $7000 ; and a deed from Delavan to the plaintiffs, bearing date 20th May, 1835. The defendants admitted themselves to be the heirs at law of Samuel Payn, who was deceased, and that they were in possession of the…
1Opinion of the Court
By the Court,
Bronson, J.
Courts of equity, proceeding on the ground of fraud or mistake, admit parol evidence to show that an absolute deed was intended, as a mortgage ; and it is said that the same rule prevails at law. Walton v. Cronly, 14 Wendell, 63. But it is unnecessary to anticipate a question which may arise on another trial.
*520The deed of Payn and the lease or agreement were executecj at the same time, and it is of no consequence that they bear date on different days. The judge decided that the two instruments together, amounted in law to a mortgage. I think he erred. Judging from the…
2Cases cited5 opinions
- Walton v. Cronly's AdministratorNew York Supreme Court · 1835
- Strong v. StewartNew York Court of Chancery · 1819
- Brown v. DeanNew York Supreme Court · 1829
- Palmer v. GurnseyNew York Supreme Court · 1831
- Stewart v. HutchinsNew York Supreme Court · 1835
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- Hays v. CarrIndiana Supreme Court · 1882
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