Townshend v. frommer
The Superior Court of New York City
Exceptions of plaintiff ordered to be heard in the first instance at general term, a verdict having been directed for defendants.
1Opinion of the Court
By the Court.—Sedgwick, Ch. J.
The action is in ejectment. The land in question, in 1835, was held in fee by one Wagstaff. He conveyed to one Dimond, taking from the latter a purchase-money mortgage. The land then was conveyed by mesne conveyances, to Clarissa E. Curtis, subject to the mortgage. She and her husband, in 1837, conveyed to Eliza Racey, as trustee. ° The decision of this case turns upon the nature of this conveyance.
The conveyance was to Eliza Racey, “ the party of the second part, her heirs and assigns, to her and their own proper use, benefit and behoof forever, but in trust,…
2Cases cited9 opinions
- Downing v. . MarshallNew York Court of Appeals · 1861
- Matter of the Petition of LivingstonNew York Court of Appeals · 1866
- Parks v. ParksNew York Court of Chancery · 1841
- Anderson v. . MatherNew York Court of Appeals · 1870
- Welch v. AllenNew York Supreme Court · 1839
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