New York Court of Appeals

Hannah Jane Marden, Respondent v. Ella H. Dorthy, John F. Dorthy, Hiram L. Barker and the Monroe County Savings…

October 3, 1899160 N.Y. 39

Summary

The Court of Appeals affirmed the judgment canceling a spurious deed and two mortgages, holding that conclusive findings of fact affirmed unanimously by the Appellate Division are not reviewable and must be accepted, and that those findings support the legal conclusion that the deed was never executed, delivered, or acknowledged and the mortgages are void. The opinion also notes dissenting and concurring opinions that argue for protection of bona‑fide mortgagees.