Rank v. Grote
The Superior Court of New York City
Appeal from, a judgment in an action of ejectment, entered on a verdict which the trial judge directed in favor of the defendants ; also from an order granting an extra allowance to the defendants’ attorneys. The facts are stated in the opinion.
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Appeal from, a judgment in an action of ejectment, entered on a verdict which the trial judge directed in favor of the defendants ; also from an order granting an extra allowance to the defendants’ attorneys. The facts are stated in the opinion. The following principles are well settled: 1. When land is paid for by a firm, it is regarded in equity as chattel. 2. It is entirely immaterial in whose name the legal title stands. 3. The possessor of the legal title holds the property in trust for the purposes of the partnership. 4. Upon dissolution, by death of a partner, the survivor takes the…
1Opinion of the Court
By the Court.—O’Gorman, J.
The action is in ejectment, and was brought by the plaintiff as one of the heirs at law of Frederick Grote, deceased, who was in his life time seized in fee-simple, of sixteen undivided twentieth parts of a lot of land, with the buildings thereon, situate in Fourteenth street, opposite Irving Place, in the city of New York; and plaintiff claims in the complaint that the deceased in his lifetime, prior to 1880, made a will whereby he devised to her all his interest in the said lot and premises.
The defendants allege that the deceased made, at á later period, a valid…
2Cases cited3 opinions
- Fairchild v. . FairchildNew York Court of Appeals · 1876
- Hoxie v. CarrU.S. Circuit Court for the District of Rhode Island · 1832
- Tarbel v. BradleyNew York Supreme Court · 1878