Nestell v. . Hart
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 31, 1910, affirming a judgment in favor of defendants entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The alleged transfer is void under the Statute of Frauds.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 31, 1910, affirming a judgment in favor of defendants entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The alleged transfer is void under the Statute of Frauds. (L. 1896, ch. 547, § 242.) When it is once established that a conveyance absolute on its face is in fact a mortgage, then nothing short of a new deed can divest the holder of the so-called equity of redemption of his…
1Opinion of the CourtHaight, J.
This action was brought for the purpose of obtaining an adjudication that the plaintiff is the owner in fee of the premises known as 76 West 125th street, in the city of New York, and that the defendants, who claim title under a deed from William D. Leonard, be directed to convey the premises to the plaintiff and account for the rents received by them.
Joseph B. Hart died in the city of New York on or about the 4th day of December, 1878, leaving a last will and testament, which was duly admitted to probate on the 28th day of December thereafter. He left him surviving Emma S. Hart, his widow,…
2Cited by4 opinions
- Hanscom v. Malden & Melrose Gas Light Co.Massachusetts Supreme Judicial Court · 1920
- Davis v. DunnetNew York Court of Appeals · 1925
- Lee v. BeagellNew York Supreme Court · 1940
- Thompson v. LewisAppellate Division of the Supreme Court of the State of New York · 1918