Odell v. . Montross
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, in favor of defendant, entered upon an order reversing a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term and directing judgment for defendant. This action was brought to have a deed, absolute on its face, declared a mortgage, and for an accounting and reconveyance on payment of amount due.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, in favor of defendant, entered upon an order reversing a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term and directing judgment for defendant. This action was brought to have a deed, absolute on its face, declared a mortgage, and for an accounting and reconveyance on payment of amount due. The court found, in substance, that in July, 1865, plaintiff being indebted to defendant for moneys loaned and advanced, executed to said defendant a deed of the…
1Opinion of the CourtAllen, J.
Prior to the transaction of the seventeenth of September, 1866, when the defendant upon the payment of fifty dollars to the plaintiff took an unsealed paper signed by him acknowledging the receipt of the fifty dollars “in full satisfaction for all claims and demands whatsoever as to conveyance of property or otherwise, up to this date,” the relation of the parties in respect to the lands now sought to be redeemed was that of mortgagor and mortgagee with all the incidents of that relation. (4 Kent’s Com., 143.) The plaintiff had conveyed the premises to the defendant by deed absolute in terms,…
2Cases cited3 opinions
- Horn v. . KeteltasNew York Court of Appeals · 1871
- Stoddard v. . WhitingNew York Court of Appeals · 1871
- Clark v. HenryCourt for the Trial of Impeachments and Correction of Errors · 1823
3Cited by43 opinions
- Mooney v. . ByrneNew York Court of Appeals · 1900
- Cooley v. . LobdellNew York Court of Appeals · 1897
- Niggeler v. MaurinSupreme Court of Minnesota · 1885
- Adair v. AdairOregon Supreme Court · 1892
- Kraemer v. . AdelsbergerNew York Court of Appeals · 1890
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