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DesRoches v. Hayden

146 A.D. 914 Court N.Y. App. Div. English

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p. 914
Mary C. DesRoches, Respondent, v. Kate Hayden and Others, Appellants.

The deed executed to Kate Hayden is not void, and should not be canceled for fraud, but should be adjudged a mortgage for the amount advanced by plaintiff’s authority on account of the Ansorge mortgage, and for such further sums as Mrs. Hayden and her grantees have advanced for the maintenance of the property, as found by the trial justice, and the judgment as so modified is affirmed, without costs. Jenks, P. J., Thomas, Carr, Woodward and Rich, JJ., concurred.