New York Supreme Court May 15, 1831 (Palmer v. Gurnsey)

By the Court,

Savage, Ch. J.

The only point in this case is, whether the deed and agreement constituted a mortgage. By the statute in force, applicable to this case, when the contract was entered into, it was enacted “ that every deed conveying a real estate, which by any other instrument or writing shall appear to have been intended only as a security in nature of a mortgage, though it be an