Hoar v. Hoar
New York Supreme Court
Appeal from circuit court, Kings county; Brown, Justice. This was an action to determine adverse claims to real estate, brought by William A. Hoar and others, by guardian, against William H. H. Hoar.
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Appeal from circuit court, Kings county; Brown, Justice. This was an action to determine adverse claims to real estate, brought by William A. Hoar and others, by guardian, against William H. H. Hoar. Verdict and judgment for defendant, and plaintiffs appeal. 3 Rev. St. Y. Y. (7th Ed.) p. 2181, § 51, provides that “where a grant for a valuable consideration shall be made to one person, and the consideration therefor shall be paid by another, no use or trust shall result in favor of the person by whom such payment shall be made; but the title shall vest in the person named as the alienee in…
1Dissent
Dykman, J.,
(dissenting.) This action was brought to determine the claims to real property in which the defendant claims some interest, arising from the following facts: William A. Hoar, the uncle of the defendant, bought the property, and paid for it, and caused the conveyance to be made in the name of the defendant as grantee. The uncle, however, retained the possession of the property down to the time of his death, and the possession *381and control thereof has continued in the plaintiffs, who are his children, ever since. There is proof sufficient to show that the defendant consented to the…
2Cases cited14 opinions
- Ryan v. . DoxNew York Court of Appeals · 1866
- O'Connor v. IrvineCalifornia Supreme Court · 1887
- Foote v. . BryantNew York Court of Appeals · 1872
- Springer v. YoungOregon Supreme Court · 1886
- Beecher v. Wilson, Burns & Co.Supreme Court of Virginia · 1888
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