Den ex dem. Wilkinson v. Dodds
New York Supreme Court
This was an action of ejectment, for a lot of land in the city of New York. The cause was tried before Mr. Justice Kent, at the New York circuit, in March last. The plaintiff proved that his lessor was in possession of the premises for one year and upwards, before the defendant came into possession, and that the defendant claimed to hold under or through the lessor.
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This was an action of ejectment, for a lot of land in the city of New York. The cause was tried before Mr. Justice Kent, at the New York circuit, in March last. The plaintiff proved that his lessor was in possession of the premises for one year and upwards, before the defendant came into possession, and that the defendant claimed to hold under or through the lessor. Upon this evidence the plaintiff rested his cause; and the defendant moved for a nonsuit insisting that he ought not to be put on his defence, which motion was overruled. • The defendant then produced and proved a certain…
1Per curiam
We áre of opinion, that the consideration of the deed of trust was sufficient, and' that it was not a conveyance within the statute against usury. That statute applies to contracts and assurances by way' of security- for-existing debts only. This was not a security, but an absolute conveyance upon trusts, and Operated as a payment or satisfaction of the debts mentioned in it, which debts,' upon the performance of the trusts, would be discharged and extinguished. It was an act done in execution of the previous contracts by which the usurious debts Were created, and nothing but the trusts…
2Cases cited1 opinion
- Mitchell v. PrestonSupreme Court of Connecticut · 1811
3Cited by5 opinions
- Chapin v. . ThompsonNew York Court of Appeals · 1882
- Aldrich v. AldrichAppellate Court of Illinois · 1931
- Sharpe v. TatnallCourt of Chancery of Delaware · 1880
- Schroeppel v. . CorningNew York Court of Appeals · 1851
- Yardley v. New York Guaranty & Indemnity Co.U.S. Circuit Court for the District of Western Tennessee · 1876