Erwin v. Erwin
New York Supreme Court
Appeal from special term, Steuben county. Action by Edward E. Erwin against Francis E. Erwin and others, for the specific performance of a paroi promise to convey land. The decision directed a conveyance of the premises to plaintiff by such of the defendants as the title was vested in at the time of the commencement of the action. Defendants appeal.
1Opinion of the CourtBarker, P. J.
The plaintiff is the son of the late Francis E. Erwin, who died in the year 1887. As early as 1853 the decedent was the owner of the premises, consisting of 250 acres of farm land, the title to which remained in him until a few months before his death. The plaintiff’s case, as alleged by him in his complaint, is that in the year 1853 the plaintiff and his father entered into an oral agreement, whereby it was agreed that, if the plaintiff would enter into the possession of the premises in question, cultivate and improve the same as his own, the same should be the lands of the plaintiff; but…
2Cases cited3 opinions
- Simar v. . CanadayNew York Court of Appeals · 1873
- Holcomb v. . HolcombNew York Court of Appeals · 1884
- Witthaus v. . SchackNew York Court of Appeals · 1887
3Cited by9 opinions
- Eighmie v. TaylorNew York Supreme Court · 1893
- Eckert v. EckertAppellate Division of the Supreme Court of the State of New York · 1897
- Davis v. DavisNew York Supreme Court · 1895
- Erwin v. ErwinNew York Supreme Court · 1892
- Fogal v. PageNew York Supreme Court · 1891
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