Scranton v. Begol
Synopsis
Monet Had and Received—Action for Mortgage.—The plaintiff being the equitable owner of certain land caused' the same to be conveyed to the defendant as security against loss on. account of a promissory note executed by the defendant, with, and as- surety for, the plaintiff, and which was afterwards paid by the plaintiff. The defendant sold the property to innocent purchasers and received the purchase money.
Held: The plaintiff was entitled to recover the amount received after deducting expenses.
The Court: This is an action to recover a balance of moneys received by defendant from the sales of property of plaintiff which had been conveyed to defendant as security, after deducting amounts which defendant is entitled to retain. The findings are full as to the facts that plaintiff was the owner of the property and caused it to be conveyed to defendant as security ; as to the sales by defendant and the receipt by him of the proceeds, and as to the balance in his hands belonging to plaintiff. We see no error in the record
Judgment affirmed.
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