Gould v. Gould
New York Supreme Court
Appeal from special term, Monroe county. Action by Bufus Gould against Harriet A. Gould. Plaintiff appeals from, a judgment entered on a decision dismissing his complaint upon the merits. The respondent is the wife of the appellant, and their marriage was prior-to the transactions involved .in this action.
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Appeal from special term, Monroe county. Action by Bufus Gould against Harriet A. Gould. Plaintiff appeals from, a judgment entered on a decision dismissing his complaint upon the merits. The respondent is the wife of the appellant, and their marriage was prior-to the transactions involved .in this action. The object of the suit is to compel the respondent to convey to the appellant the title to certain premises, conveyed to her by a third party, the consideration money being paid in advance by the appellant. It is stated in the complaint that the premises ■ were conveyed to the defendant…
1Opinion of the Court
Barker, P. J., (after stating the facts as above.)
The plaintiff admits in his complaint, as he also states in his evidence, that the premises were deeded to his wife with his consent. This vested in her the fee-simple to the land, although her husband paid the grantor the consideration money. Ho resulting trust arises out of the transaction in his favor. The rule of the common law has been abrogated by our statute relative to uses and trusts, which declares: “Where a grant for a valuable consideration shall be made to one person, and the consideration therefor shall be paid by another, no use…
2Cases cited3 opinions
- Garfield v. . HatmakerNew York Court of Appeals · 1857
- Everett v. . EverettNew York Court of Appeals · 1872
- Norton v. StoneNew York Court of Chancery · 1840
3Cited by11 opinions
- Jackson v. JacksonSupreme Court of Georgia · 1920
- Gage v. GageNew York Supreme Court · 1894
- Neppach v. NorvalOregon Supreme Court · 1925
- McCartney v. TitsworthAppellate Division of the Supreme Court of the State of New York · 1907
- Hutchinson v. HutchinsonNew York Supreme Court · 1895
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