Collins v. Collins
New York Supreme Court
Tins ease comes here on appeal by the plaintiff from a judgment against her, entered on a report of a referee. The action was brought to obtain a reconveyance of certain land, or payment therefor, which had been conveyed by plaintiff to defendant.
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Tins ease comes here on appeal by the plaintiff from a judgment against her, entered on a report of a referee. The action was brought to obtain a reconveyance of certain land, or payment therefor, which had been conveyed by plaintiff to defendant. The facts are substantially as set forth in the report of the referee to whom the case was referred, and are as follows: That on and prior to the 16th day of April, 1866, the plaintiff was the owner of the real estate described in the complaint, called the Exchange Hotel or Collins House property, and also a large amount of personal property…
1Opinion of the Court
By the Court—P. Potter, J.
I think that, in equity, the plaintiff is not entitled to all the relief she demands, but am inclined to think that a denial of all relief, and a judgment so declaring it, might operate as a bar to any future claim on her part, and that, for this reason, the legal conclusion of the referee is based on error.
*371Whatever may be the character of the two deeds in question, to wit, the deed of Powell and wife to the plaintiff, and the deed of the plaintiff to the defendant, the considerations specified therein are subject to be inquired into, and this may be done by paroi…
2Cases cited4 opinions
- Chester v. . the Bank of KingstonNew York Court of Appeals · 1857
- Swinburne v. . SwinburneNew York Court of Appeals · 1863
- Lounsbury v. PurdyNew York Supreme Court · 1853
- Reid v. FitchNew York Supreme Court · 1851
3Cited by1 opinion
- Marie v. GarrisonThe Superior Court of New York City · 1883