STEELE v. ROBERTS


277 A.D. 945 (1950)

Jack Steele, Appellant, v. Walter Roberts, Respondent

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

July 13, 1950.


Order reversed on the law and a new trial granted, with costs to the appellant to abide the event, on the ground that the court erred in refusing to allow oral testimony to show that the deed was in fact intended to be a mortgage. Paragraph 6 of the complaint sufficiently states a cause of action to have the deed declared to be a mortgage. (See Pattison v. Pattison, 301 N.Y. 65

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