Jackson v. Feller
New York Supreme Court
This was an action of ejectment, tried at the Dutchess circuit in' December, 1826, before the Hon. Samuel R. Betts, then one of the circuit judges. The lessor of the plaintiff {Zachariah D. Feller) produced a deed from Henry M. Hoffman and Sally his wife to the lessor, bearing date the 12th June, 1820, for one fourth of the farm whereof Nicholas Hoffman died seized.
Read the full summary
This was an action of ejectment, tried at the Dutchess circuit in' December, 1826, before the Hon. Samuel R. Betts, then one of the circuit judges. The lessor of the plaintiff {Zachariah D. Feller) produced a deed from Henry M. Hoffman and Sally his wife to the lessor, bearing date the 12th June, 1820, for one fourth of the farm whereof Nicholas Hoffman died seized. The consideration expressed was $1750. The plaintiff further proved that Nicholas Hoffman died seized of the farm mentioned in the deed, in 1798, having previously devised the same to his four sons Peter, Herman, Martin and Henry,…
1Opinion of the Court
By the Court, Sutherland, J.
The premises in question were purchased by Zachariah Feller from Henry N. Hoffman in June, 1820, for the sum of $1750. The consideration was paid by Zachariah Feller, but the deed was, by his directions, taken in the name of bis nephew, Zachariah D. Feller, the lessor of the plaintiff. The question is, whether the estate vested absolutely in the lessor, or whether it is a case of an implied or resulting trust in favor of the individual who paid the purchase money.
The payment of the consideration by Zachariah Feller is clearly proved, and that is prima facie…
2Cited by3 opinions
- Irvine v. . MarshallSupreme Court of Minnesota · 1862
- Astreen v. FlanaganNew York Court of Chancery · 1839
- Arnot v. BeadleNew York Supreme Court · 1843