Holmes v. Grant
New York Court of Chancery
This was an appeal from a. decree of the vice chancellor of the fifth circuit, declaring an absolute deed from the complainant to the defendant M. Grant a security in the nature of a mortgage merely. The answer of the defendants on oath was waived, and the case therefore depended upon the evidence in the cause ; except so far as the factse were admitted in the answer of the defendants.
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This was an appeal from a. decree of the vice chancellor of the fifth circuit, declaring an absolute deed from the complainant to the defendant M. Grant a security in the nature of a mortgage merely. The answer of the defendants on oath was waived, and the case therefore depended upon the evidence in the cause ; except so far as the factse were admitted in the answer of the defendants. Previous to the 8th of September, 1820, the complainant Marcus Holmes held the legal title to a farm in Vernon in the county of Oneida, which had before that time been conveyed to him by his father, Seth…
1Opinion of the Court
The following opinion was delivered by the vice chancellor as the ground of the decree appealed from.
Denio, Y. C.
The bill seeks to redeem a farm situated in Vernon, from an alleged mortgage incumbrance resulting from an absolute conveyance made by the complainant to the defendant Matthew Grant, in September, 1820, and an instrument executed by Matthew Grant to the complainant, bearing the same date with the deed, which is claimed to be a defeasance.
The answer insists that the transaction was a purchase and not a mortgage, but as the oath to the answer was waived by the complainant, such…
2Cases cited8 opinions
- Conway's Executors & Devisees v. AlexanderSupreme Court of the United States · 1812
- Roach v. CosineNew York Supreme Court · 1832
- Glover v. PaynNew York Supreme Court · 1838
- Robinson v. CropseyNew York Court of Chancery · 1833
- Henry v. Davis & ClarkNew York Court of Chancery · 1823
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3Cited by32 opinions
- Horn v. . KeteltasNew York Court of Appeals · 1871
- Alstin v. CundiffTexas Supreme Court · 1880
- Ruffier v. WomackTexas Supreme Court · 1867
- Coughlin v. BarkerMissouri Court of Appeals · 1891
- West v. HendrixSupreme Court of Alabama · 1856
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