Legal Opinion

Sharpe v. . Freeman

New York Court of Appeals

Decided June 5, 1871PublishedCited by 35 opinions

Appeal from an order of the General Term of the Supreme Court, in the seventh judicial district, affirming a judgment dismissing the complaint, entered upon the report of Sterling •G. Hadley, Esq., referee.

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Appeal from an order of the General Term of the Supreme Court, in the seventh judicial district, affirming a judgment dismissing the complaint, entered upon the report of Sterling •G. Hadley, Esq., referee. The action was brought to set aside a certain conveyance -of real estate, by Alvin H. Parks to the defendants, Susan Parks, Ellen Parks, and others, his wife and children, and have the premises declared subject to the debts of the grantor, and that a sale or mortgage he had, and the proceeds applied to the payment of such debts. The deed was executed in 1854, and was without pecuniary…

1Opinion of the CourtFolgkeb, J.

When the referee admitted the judgment roll in evidence, “ subject to the objections duly made by the defendants’ counsel,” the record was in evidence for all the legitimate purposes of the action. By receiving the roll in that way, the referee followed a practice which, as we understand, prevails in some parts of the State, in trials before referees. It is understood and agreed between the parties, that the validity of the objection is not at the moment determined. The determination of it is reserved by the referee to be made upon more mature consideration, before the delivering of his…

2Cases cited1 opinion

  1. Flora v. . CarbeanNew York Court of Appeals · 1868

3Cited by35 opinions

  1. Crane v. . PowellNew York Court of Appeals · 1893
  2. Holden v. . New York and Erie BankNew York Court of Appeals · 1878
  3. Miller v. . WhiteNew York Court of Appeals · 1872
  4. Platt v. . PlattNew York Court of Appeals · 1887
  5. Johnson v. RutherfordNorth Dakota Supreme Court · 1914

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