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Des Roches v. Hayden

131 N.Y.S. 1111 Court N.Y. App. Div. Decision date 1911-10-06 English

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p. 1111
DES ROCHES, Respondent, v. HAYDEN et al., Appellants.
(Supreme Court, Appellate Division, Second Department.
October 6, 1911.)

Headnote

Action by Mary C. Des Roches against Kate Hayden and others.

The deed executed by 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.