Mason v. Libbey
New York Court of Appeals
Appeal by plaintiff from a judgment of the general term, first department, dismissing her complaint upon the merits. The facts as they appear from the pleadings and testimony are as follows: The plaintiff is a married daughter of the defendant. Her maiden name Was Emma J. Heath; she was born in 1845 ; her father being Lurad 0. Heath, who died in May, 1873. After his death, and on the 6th December, 1873, her mother, the defendant, married John Libbey.
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Appeal by plaintiff from a judgment of the general term, first department, dismissing her complaint upon the merits. The facts as they appear from the pleadings and testimony are as follows: The plaintiff is a married daughter of the defendant. Her maiden name Was Emma J. Heath; she was born in 1845 ; her father being Lurad 0. Heath, who died in May, 1873. After his death, and on the 6th December, 1873, her mother, the defendant, married John Libbey. The defendant was married to her first husband, Heath, in 1831, in the state of Maine. She had then some property of her own, and after her…
1Opinion of the CourtDanforth, J.
Upon the pleadings, the issue was one of fact, whether there had been a declaration of trust, or rather whether the premises described in the complaint were held in trust for the plaintiff. The defendant was her mother, and considerable testimony was given of casual and loose conversations for the purpose of establishing the plaintiff’s demand; yet, if that testimony stood uncontradicted, it would scarcely *266create a belief that the defendant at any time sustained the character of trustee in relation to the property or ever held herself out in that light, or as .other than its actual owner.…
2Cases cited4 opinions
- Riggs v. TayloeSupreme Court of the United States · 1824
- Blade v. NolandNew York Supreme Court · 1834
- Steele v. . LordNew York Court of Appeals · 1877
- Mason v. LibbyNew York Supreme Court · 1877
3Cited by3 opinions
- Kearney v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1883
- People v. BettsAppellate Division of the Supreme Court of the State of New York · 1947
- Raymond v. CoxNew Jersey Court of Chancery · 1888