Lounsbury v. . Purdy
New York Court of Appeals
Appeal from the Supreme Court. Action to remove a cloud upon title. The complaint stated that the sheriff of Westchester had sold the plaintiff’s land to the defendant, Joshua Purdy, upon execution on judgments against one Clements Quereau, the brother of the plaintiff, and had delivered to Purdy his certificate of sale, under which Purdy claimed an interest in the premises in hostility to the plaintiff The sale was stated to have been within a year previous to the time of…
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Appeal from the Supreme Court. Action to remove a cloud upon title. The complaint stated that the sheriff of Westchester had sold the plaintiff’s land to the defendant, Joshua Purdy, upon execution on judgments against one Clements Quereau, the brother of the plaintiff, and had delivered to Purdy his certificate of sale, under which Purdy claimed an interest in the premises in hostility to the plaintiff The sale was stated to have been within a year previous to the time of commencing the action; the statutory period for redemption by the judgment debtor had therefore not expired. Certain…
1Opinion of the CourtComstock, J.
By our statute of “ uses and trusts,” contained in the revision of 1830, the trust which at the common law resulted in favor of the person paying the purchase money of lands, when the conveyance is taken in the name of another, has been abrogated. With obvious propriety, however, an exception is declared in the cases where an “ absolute conveyance ” is thus taken without the consent or knowledge of the person making the payment. (Ik. S., 728, ^ 51, 53.) In the present case, according to the finding at the trial, the plaintiff consented that the deed of the lands in question should be taken in…
2Cited by64 opinions
- Bennett v. . JudsonNew York Court of Appeals · 1860
- Reeder v. . SayreNew York Court of Appeals · 1877
- Wright v. . NostrandNew York Court of Appeals · 1883
- Carr v. . CarrNew York Court of Appeals · 1873
- Lafayette Trust Co. v. . BeggsNew York Court of Appeals · 1915
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