Seely v. Seely
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Obed A. Seely, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Tioga on the 1st day of November, 1913, upon a dismissal of the complaint on the merits by direction of the court, defendant having moved for a dismissal of the complaint on the pleadings at the opening of the case.
1Opinion of the Court
Kellogg, J.:
The complaint shows that in March, 1888, the plaintiff conveyed his Newfield farm to his father upon a secret trust, the title to be conveyed to the plaintiff upon request, and that the father, in August, 1888, conveyed the farm, without the plaintiff’s knowledge, to his son S. Alfred .and his brother upon condition that they would observe the trust, they having knowledge of all the facts and the plaintiff being in possession of the farm. In March, 1900, the plaintiff arranged to trade the farm for the Tioga county farm, and his brothers agreed to convey it to the owner of the…
2Cases cited3 opinions
- Lightfoot v. . DavisNew York Court of Appeals · 1910
- Murtha v. . CurleyNew York Court of Appeals · 1882
- Valentine v. . RichardtNew York Court of Appeals · 1891
3Cited by7 opinions
- Chance v. Guaranty Trust Co.New York Supreme Court · 1939
- Dodd v. BoenigNew York Supreme Court · 1921
- Cottrell v. Crouse (In Re Crouse)United States Bankruptcy Court, E.D. Missouri · 1983
- Chance v. Guaranty Trust Co.Appellate Division of the Supreme Court of the State of New York · 1939
- Souza v. Market Street Railway Co.California Court of Appeal · 1930
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