Pope v. . Allen
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made Hay 14, 1881, which affirmed a judgment in favor of plaintiff, entered upon a verdict. This was an action to recover possession of twenty-five acres of land situate in Cortland county. Plaintiff claimed title under a deed from Nathaniel B. Pope, who derived title under a deed on record at the time plaintiff purchased from Jonathan Rogers.
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Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made Hay 14, 1881, which affirmed a judgment in favor of plaintiff, entered upon a verdict. This was an action to recover possession of twenty-five acres of land situate in Cortland county. Plaintiff claimed title under a deed from Nathaniel B. Pope, who derived title under a deed on record at the time plaintiff purchased from Jonathan Rogers. The defendant claimed, among other things, that said Pope acted as his agent, merely in making the purchase from Rogers; that he,…
1Opinion of the CourtFinch, J.
Very much of the argument for the defendant on this appeal is devoted to the questions of fact which we cannot review. Whether the deed from Jonathan Rogers to Nathaniel B. Pope, and that from the latter to the plaintiff were in fraud of the defendant’s equitable rights; whether he in fact was the real purchaser from Rogers, and paid the price of the twenty-five acres, and R. B. Pope, under pretense of acting for him, obtained the conveyance for himself, without the defendant’s knowledge or consent, were questions sharply litigated on the trial, but settled for the purposes of this appeal by…
2Cases cited3 opinions
- Brown v. . VolkeningNew York Court of Appeals · 1876
- Cary v. . WhiteNew York Court of Appeals · 1874
- Prouty v. EatonNew York Supreme Court · 1863
3Cited by36 opinions
- McDonald v. DabneySupreme Court of Georgia · 1926
- Betts v. LetcherSouth Dakota Supreme Court · 1890
- Schumacher v. TrumanCalifornia Supreme Court · 1901
- Levy v. . Louvre Realty Co.New York Court of Appeals · 1917
- Fekishazy v. ThomsonAppellate Division of the Supreme Court of the State of New York · 1994
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