Odell v. Montross
New York Supreme Court
Appeal from the judgment of the Special Term in favor of the plaintiff, in an action brought for an adjudication, that the title of certain property was held by defendant as collateral security for a loan made to plaintiff; foran accounting, and for a reconveyance of said property. The deed to defendant, being absolute upon its face, and unaccompanied by a written defeasance, vested the legal title to said premises in defendant.
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Appeal from the judgment of the Special Term in favor of the plaintiff, in an action brought for an adjudication, that the title of certain property was held by defendant as collateral security for a loan made to plaintiff; foran accounting, and for a reconveyance of said property. The deed to defendant, being absolute upon its face, and unaccompanied by a written defeasance, vested the legal title to said premises in defendant. The rights of plaintiff therein were thereafter purely equitable, founded entirely upon parol proof, and enforceable only in a court of equity, in contravention of…
1Opinion of the Court
Brady, J.:
The learned presiding j ustice found the following to be the facts in this case, and the findings are not disputed:
“First. That on the 12th day of July, 1865, the plaintiff, Thomas B. Odell, was indebted to the defendant in sundry sums of money theretofore loaned and advanced to him, and paid for him by the defendant, William Montross.
“ Second. That being so indebted on said 12th of July, 1865, it was agreed, by and between said plaintiff and defendant, that the plaintiff and his wife should execute and deliver to the defendant a certain deed, described and set forth in the…
2Cases cited7 opinions
- Horn v. . KeteltasNew York Court of Appeals · 1871
- Harrison v. Trustees of Phillips AcademyMassachusetts Supreme Judicial Court · 1815
- Clark v. HenryCourt for the Trial of Impeachments and Correction of Errors · 1823
- Wynkoop v. CowingIllinois Supreme Court · 1859
- Green v. ButlerCalifornia Supreme Court · 1864
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