New York Court of Appeals
Thomas B. Odell, Appellant v. William Montross, Respondent
February 20, 187768 N.Y. 499
Summary
The New York Court of Appeals held that a deed absolute executed as security is a mortgage, that a subsequent payment and receipt did not convert the instrument into an absolute conveyance or extinguish the right of redemption, and that the statute of frauds requires a written conveyance to divest the mortgagor's legal estate.