Hollingsworth v. . Spaulding
New York Court of Appeals
This was an action in equity to have certain real estate purchased by the defendant, Philander Spaulding, declared to be trust property, for the b enefit in part of the plaintiffs. The premises in question" were formerly owned by John Hollingsworth, who, on the 4th day of April, 1860, executed a mortgage thereon.
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This was an action in equity to have certain real estate purchased by the defendant, Philander Spaulding, declared to be trust property, for the b enefit in part of the plaintiffs. The premises in question" were formerly owned by John Hollingsworth, who, on the 4th day of April, 1860, executed a mortgage thereon. Hollingsworth died intestate, in February, 1863. Plaintiffs, his heirs-at-law, took possession of the mortgaged premises and held the same until November 28, 1863, when they were sold under a statutory foreclosure of said mortgage. Defendant Spaulding became the purchaser and went…
1Opinion of the Court
Lott, Ch. C.,
reads for affirmance.
All concur on the ground that there was no relation between the parties that placed defendant in the position of trustee; that no reliance was placed upon him.
Judgment affirmed.
2Cited by8 opinions
- Stianson v. StiansonSouth Dakota Supreme Court · 1918
- In Re the Estate of MonroeNew York Court of Appeals · 1894
- Perkins v. AdamsColorado Court of Appeals · 1901
- In re the Judicial Settlement of the Estate of RobertsNew York Surrogate's Court · 1911
- Abell v. BradnerNew York Supreme Court · 1887
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