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LUCY ANN GILLETT v. LORENA VINCENT, Impleaded, etc.
Judgment and order reversed, and new trial ordered in the Wayne County Court, costs to abide event. Held, that the bond and mortgage were collateral to the contract, and the attempt to sever them from the contract and assign them separately was inoperative, and the plaintiff acquired no title to them. (Merritt v. Batholick, 36 N. Y., 44; Wanzer v. Cary, 76 N. Y., 526; Raynor v. Raynor, decided in this Department, at the present term, MS. Op. of Smith, J.) _