New York Supplement

Cover New York Supplement
New York Supplement
West Publishing Company
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The defendants George M. Turner and Loretta J. Turner, his wife, on or about No- vember 4, 1913, fraudulently executed and delivered to the defend- ant Jamestown Manjel Company a deed of conveyance of all of the property above descrifcei At the time Jamestown Mantel Cora-- Digitized by Google Sup. Ct) TVRNBB y.TURSEM HfSS^ pany received such deed of conveyance, it and its officers had full knowledge of the contents of the instrument above tef erred to. The Jamestown Mantel Company caused such d...eed of conveyance so made and delivered to it to be recorded in the clerk's office of Chautauqua county on or about the 7th day of July, 1914.
[1, 2] The plaintiff argues that the legal effect of such deed of con- veyance from the plaintiff to George M. Turner, and of such in- strument executed at the same time, was to make the same a mort- gage, with the usual characteristics of a mortgage. He argues that under section 320 of the Real Property Law it was the duty of George M. Turner to see to it that such instrument was recorded at the same time at which the deed was recorded, and that the deed and the instrument should have been recorded as a mortgage.


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