Wormser v. Croce
Appellate Division of the Supreme Court of the State of New York
Submission of -a controversy upon an agreed statement of facts pursuant to section 1279 of the Gode of Civil Procedure.
1Opinion of the Court
Scott, J.:
The plaintiff acquired from defendant, by a full covenant and "warranty deed, a plot of land in the city of New York, and now seeks under the covenant for further assurance, either a further conveyance or a return of a part of the purchase price.
The defendants derived their title through deeds from Charles C.. ■Nichols, as administrator with the will annexed .of Prosper. L. Gilbert, deceased,' and fronqMary B. Gilbert, the widow and sole devisee of said Prosper L. Gilbert. The basis of plaintiff’s claim is that after Prosper L. Gilbert had made his will two children were born to…
2Cases cited1 opinion
- Brush v. WilkinsNew York Court of Chancery · 1820
3Cited by21 opinions
- McLean v. . McLeanNew York Court of Appeals · 1913
- In re the Estate of FaberNew York Court of Appeals · 1953
- Stachelberg v. StachelbergAppellate Division of the Supreme Court of the State of New York · 1908
- Burns v. BurnsWyoming Supreme Court · 1950
- In re the Re-Probate of the Last Will & Testament of JonesNew York Surrogate's Court · 1929
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