Murray v. Sweasy
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, J. Frederick Sweasy and others, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 1st day of August, 1901, upon the decision of the court, rendered after a trial at the New York Special Term, declaring a certain paper purporting to be a deed to be in fact a mortgage^ restraining dispossession proceedings by the defendant J. Frederick Sweasy, and ordering…
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Appeal by the defendants, J. Frederick Sweasy and others, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 1st day of August, 1901, upon the decision of the court, rendered after a trial at the New York Special Term, declaring a certain paper purporting to be a deed to be in fact a mortgage^ restraining dispossession proceedings by the defendant J. Frederick Sweasy, and ordering an accounting. The complaint averred that the plaintiff was the owner and in possession of a house and lot subject to a…
1Opinion of the Court
O’Brien, J.:
■The principal question upon this appeal is one of fact, and the appellants recognizing , this, insist that the decision of the Special Term is not supported by - that clear, satisfactory and convincing evidence which under some of the authorities is required in order to prove a deed a mortgage.
We assent to the proposition that evidence intended to convert a deed absolute in form into a mortgage must be of a clear and decisive import, but this in. no way impairs the rule that each caséis to be decided on its own special facts. Here, whether we' take the plaintiff’s or the…
2Cases cited1 opinion
- Horn v. . KeteltasNew York Court of Appeals · 1871
3Cited by3 opinions
- Farmers Fund, Inc. v. TookerAppellate Division of the Supreme Court of the State of New York · 1923
- Schulte v. CleriAppellate Division of the Supreme Court of the State of New York · 1972
- Nichols v. NicholsNew York Supreme Court · 1903