Traphagen v. . Burt
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, affirming a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. The nature of the action and the facts are sufficiently set forth in the opinion. The parol agreement under which plaintiff claimed to have a trust declared in the land of defendants, was void under the statute of frauds.
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Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, affirming a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. The nature of the action and the facts are sufficiently set forth in the opinion. The parol agreement under which plaintiff claimed to have a trust declared in the land of defendants, was void under the statute of frauds. (2 R. S., 134, §§ 6, 8; Levy v. Brush, 45 N. Y., 589, 596; Smith v. Burnham, 3 Sumn., 435; Story’s ‘Eq. Jur., §§ 760-762, 763; Cagger v. Lansing, 43 N. Y., 550 ; Baldwin v.…
1Opinion of the CourtHiller, J.
This,aetion was brought to establish the -right of the plaintiff to an undivided equal interest in a farm of land called the Storms farm, the title to which was in the name of-the defendant John Burt. The right of the plaintiff to maintain the action rests upon the ground that the farm in question was purchased by the defendant under an oral agreement between'him and the plaintiff to engage in the business of buying and selling farms, and it is claimed that in violation of this contract, the title was taken by the defendant. It appears that two other farms were purchased under the agree ment…
2Cases cited2 opinions
- Chester v. . DickersonNew York Court of Appeals · 1873
- Levy v. . BrushNew York Court of Appeals · 1871
3Cited by35 opinions
- Flower v. BarnekoffOregon Supreme Court · 1890
- Floyd v. DuffyWest Virginia Supreme Court · 1910
- Sanger v. . FrenchNew York Court of Appeals · 1898
- Edgcomb v. CloughSupreme Court of Pennsylvania · 1922
- Mattikow v. SudarskyNew York Court of Appeals · 1928
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