Green v. Putnam
New York Supreme Court
In Equity. This cause was heard, on the pleadings and the testimony introduced by the parties, on the hearing. The bill was filed for a partition of a farm of about 100 acres .of land, in the town of Milton in the county of Saratoga. The complainant, Hannah Green, claims, as devisee of her father, Daniel Thomas, one equal moiety of the farm.
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In Equity. This cause was heard, on the pleadings and the testimony introduced by the parties, on the hearing. The bill was filed for a partition of a farm of about 100 acres .of land, in the town of Milton in the county of Saratoga. The complainant, Hannah Green, claims, as devisee of her father, Daniel Thomas, one equal moiety of the farm. Daniel Thomas died seised of the same, in April, 1825. By his will, made and published previous to his death, he devised and bequeathed to his wife Eunice, the use of all his real and personal property, during her natural life; and, after her decease, he…
1Opinion of the CourtPaige, J.
No title passed, under the deed executed by Hannah Green, one of the plaintiffs, to Freeman Thomas. It was not delivered to Freeman Thomas. It was delivered by Hannah to Thomas Palmer, expressly as an escrow; and it was not to be. delivered to Freeman Thomas, unless the suit with Elliot went on, nor unless Freeman Thomas paid Hannah . $500. The delivery depended upon the performance, not only of one, but of both of these conditions. Neither of the conditions was performed. The suit with Elliot did not go on, and the money was not paid. By the settlement of the suit with Elliot, the main…
2Cases cited5 opinions
- Jackson ex dem. Russell v. RowlandNew York Supreme Court · 1831
- Dunham v. OsbornNew York Court of Chancery · 1829
- Eldredge v. ForrestalMassachusetts Supreme Judicial Court · 1811
- In re CregierNew York Court of Chancery · 1846
- Wilkinson v. ParishNew York Court of Chancery · 1831
3Cited by22 opinions
- County of Calhoun v. American Emigrant Co.Supreme Court of the United States · 1876
- Armor v. FreySupreme Court of Missouri · 1913
- Cosgriff v. . FossNew York Court of Appeals · 1897
- Hosford v. HosfordAppellate Division of the Supreme Court of the State of New York · 1948
- Fitch v. BunchCalifornia Supreme Court · 1866
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