Meldon v. Devlin
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Angela M. Devlin and others, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 1st day of February, 1899, amending the judgment heretofore entered in the above-entitled action by adding thereto the following provision : “ 45-¡¿-. And it is further adjudged and decreed that the decision and judgment herein, so far as they relate to the premises described in…
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Appeal by the defendants, Angela M. Devlin and others, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 1st day of February, 1899, amending the judgment heretofore entered in the above-entitled action by adding thereto the following provision : “ 45-¡¿-. And it is further adjudged and decreed that the decision and judgment herein, so far as they relate to the premises described in Schedule M, hereinbefore recited, are made and rendered without prejudice to the claims set forth in the amended and…
1Opinion of the Court
Rumsey, J. :
In the year 1893 Peter W. Felix, the respondent here, made a contract with Jeremiah Devlin, the surviving trustee under the will ■of Daniel Devlin, to purchase certain property to which Jeremiah Devlin had title, and paid down a certain portion of the purchase price. Some controversy arose between the parties as to the title to the premises, during which Jeremiah Devlin died. It being impossible to settle the controversy amicably, Felix brought an action against the appellants here as appointees of Jeremiah Devlin under a power given to him by the will,- to compel a specific…
2Cases cited2 opinions
- Heath v. New York Building Loan Banking Co.New York Court of Appeals · 1895
- Ray v. New York Bay Extension RailroadAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by4 opinions
- Felix v. DevlinAppellate Division of the Supreme Court of the State of New York · 1900
- Silbermann v. MortonAppellate Division of the Supreme Court of the State of New York · 1948
- Ferguson v. BienNew York City Court · 1907
- Typothetæ of New York v. Typographical Union No. 6Appellate Division of the Supreme Court of the State of New York · 1910