Denham v. . Cornell
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department affirming a judgment in favor of defendant, entered upon the report of a referee.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department affirming a judgment in favor of defendant, entered upon the report of a referee. (Reported helow, 7 Hun, 662.) This action was brought originally by Maria Jane Cornell, wife of defendant Mark Cornell, to restrain the perfecting of a sale of certain premises in Westchester county to defendant Stewart; to have it adjudged that a deed conveying said premises to defendant Hopper in trust for defendant Cornell and a deed from Hopper to defendants Jayne and Mercer, also in trust for Cornell, were taken,…
1Opinion of the CourtFolger, J.
As matter of fact, the real estate of which Mrs. Cornell was once the owner, has been converted into personal property. This was done in her lifetime. It was done with her assent, and it was done with the sanction of the court; as a consequence legally flowing from the acts of her husband, by which acts she was bound, as far as Stewart, the purchaser, was concerned. Doubtless she had the same right to follow those moneys, which she would have had to pursue the land had it not been sold to Stewart. And so far, the moneys are to be regarded as impressed with the character of real estate, so…
2Cases cited1 opinion
- Graham v. DickinsonNew York Court of Chancery · 1848
3Cited by7 opinions
- Bowen v. LansingMichigan Supreme Court · 1901
- Ametrano v. . DownsNew York Court of Appeals · 1902
- Adams v. AndersonNew York Supreme Court · 1898
- Nichols v. SmithAppellate Division of the Supreme Court of the State of New York · 1914
- United States v. BakerU.S. Circuit Court for the District of Northern New York · 1910
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