New York Court of Appeals

Ceylon W. Carr v. . Elizabeth Carr

February 18, 187352 N.Y. 251

Summary

The New York Court of Appeals affirmed the judgment, holding that the deed was a mortgage rather than an absolute conveyance, so the plaintiff could not maintain an ejectment action but could only foreclose the mortgage. The court also found no mistrial despite the hybrid jury‑court trial and ruled that the limited jury findings were sufficient to support the decision.