Fay v. Hebbard

Davis, 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 under the judgment. It was alleged, as one of the defenses, that the judgment had been bought and paid for by Abner C. Thomas, the attorney of the plaintiff in the suit in which it had been recovered and title…