New York Court of Appeals

Frances E. Payne, Respondent v. William Wilson, Impleaded

September 17, 187874 N.Y. 348

Summary

The New York Court of Appeals affirmed the judgment for the plaintiff, holding that the writing between Palmer, Doran, and Halstead created an enforceable equitable mortgage that was not waived or merged by subsequent legal mortgages and that the equitable lien passed to the plaintiff by assignment of the debt.