Tiedemann v. Tiedemann
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, William Fisher and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Queens on the 13th day of June, 1921, upon the decision of the court rendered after a trial at the Queens Special Term.
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Appeal by the defendants, William Fisher and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Queens on the 13th day of June, 1921, upon the decision of the court rendered after a trial at the Queens Special Term. The plaintiff is the husband of the defendant Maria Tiedemann, and brings this action to cancel a deed of property at Queens, L. I., made by his wife to the defendants Fisher, dated December 8, 1920, and to compel her to reconvey the property to plaintiff, upon the ground that the wife held the title to the…
1Opinion of the Court
Kelly, J.:
The learned trial justice decided in favor of plaintiff. (115 Misc. Rep. 462.) He found the agreement by the wife to reconvey, continued expenditure by plaintiff for taxes and repairs, insurance, etc., that the value of the property was $4,000. He found that when Fisher bought the property in December, 1920, he knew that plaintiff was separated from his wife and that he was in possession of the premises. He found that Fisher and his wife were not innocent purchasers and that they were chargeable with notice of the trust agreement. He decreed that plaintiff was the owner of the…
2Cases cited3 opinions
- Phelan v. . BradyNew York Court of Appeals · 1890
- Simis v. SimisAppellate Division of the Supreme Court of the State of New York · 1911
- Tiedemann v. TiedemannNew York Supreme Court · 1921
3Cited by16 opinions
- Bailey v. BantherWest Virginia Supreme Court · 1984
- Buszozak v. WoloNew York Supreme Court · 1925
- Isquith v. IsquithAppellate Division of the Supreme Court of the State of New York · 1930
- Palumbo v. PalumboNew York Supreme Court · 1967
- Fellner v. MarinoCity of New York Municipal Court · 1956
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