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ROBERTS v. FEATHERS

37 A.D.2d 737 (1971)

George F. Roberts et al., Appellants, v. Shirley E. P. Feathers, as Executrix of William H. Feathers, Deceased, Respondent

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

July 6, 1971

Judgment affirmed, without costs.

No opinion.

Benjamin, J., dissents and votes to reverse the judgment and grant specific performance to plaintiffs, with the following memorandum:

In my opinion the proof in this case establishes that defendant's testator, William H. Feathers, took the deed to plaintiffs' property merely as security for a loan to plaintiffs, and that the deed consequently was nothing...

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