Wall v. . Kellogg's Executors
New York Court of Appeals
Appeal from the Supreme Court. The referee to whom the action was referred found the following facts, viz.: The plaintiff, on the 24th day of December, 1828, purchased a parcel of land in Lysander, Onondaga county, from H. & S. W. Baldwin, and gave them a bond and mortgage for the purchase money.
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Appeal from the Supreme Court. The referee to whom the action was referred found the following facts, viz.: The plaintiff, on the 24th day of December, 1828, purchased a parcel of land in Lysander, Onondaga county, from H. & S. W. Baldwin, and gave them a bond and mortgage for the purchase money. On the 30th of December, 1828, the Bank of Auburn recovered a judgment against the plaintiff for $1653.22. On the 5th of August, 1830, the premises were sold upon an execution issued upon a judgment of Hall A Bassett, recovered on the 26th of June, 1830, and wore bid in by them, and Hall went into…
1Opinion of the Court · PaigePaige, J.
The referee found, as conclusions of law, that the interest of the Bank of Auburn in the premises was in the nature of a mortgage interest; and that the plaintiff, upon his payment of the amount due upon the-Hall & Bassett note, was entitled to a conveyance of the premises; and that Kellogg had no equitable interest therein, but held the same as "a naked trustee for the plaintiff and the Bank of Auburn; and that the executors wrongfully conveyed the premises to Beach; and that the estate of Kellogg having had the benefit of the consideration money received on the sale, it was equitably…
Also in this document: Opinion of the Court · Bbown.
2Cases cited1 opinion
- Woodcock v. BennetNew York Supreme Court · 1823
3Cited by14 opinions
- O'Brien v. . JacksonNew York Court of Appeals · 1901
- Claim for a Ring of Van Slooten v. DodgeNew York Court of Appeals · 1895
- Dunham v. FitchAppellate Division of the Supreme Court of the State of New York · 1900
- Moran v. MorrillAppellate Division of the Supreme Court of the State of New York · 1903
- Scheibeler v. AlbeeAppellate Division of the Supreme Court of the State of New York · 1906
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