Trustees of Union College v. Wheeler
New York Supreme Court
APPEAL by the plaintiff from portions of a judgment entered upon the report of a referee. The action was brought to foreclose a mortgage. Prior to October 1,1828, Benjamin hfott, Ohauncey B. Aspinwall and'Philo Stevens, purchased of James Mellen fifteen lots of land in the town of Seriba, described in the complaint, and they were equally interested in said purchase. On the 1st of October, 1828, Mellen conveyed all of said lots to Aspinwall.
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APPEAL by the plaintiff from portions of a judgment entered upon the report of a referee. The action was brought to foreclose a mortgage. Prior to October 1,1828, Benjamin hfott, Ohauncey B. Aspinwall and'Philo Stevens, purchased of James Mellen fifteen lots of land in the town of Seriba, described in the complaint, and they were equally interested in said purchase. On the 1st of October, 1828, Mellen conveyed all of said lots to Aspinwall. January 27, 1830, Aspinwall conveyed two undivided thirds of all of said lots to Philo Stevens, being the share of Eott and Stevens. Prior to the deed…
1Opinion of the Court
By the Court, Mullin, P. J.
Prior to October, 1828, James Mellen .owned the premises in controversy. Mellen, by deed dated the 1st of that month, conveyed them to one Aspinwall. Aspinwall made the purchase for himself, Philo'Stevens and-Benjamin Xott, each of whom advanced one third "of the purchase money. January 26th, 1830, Aspinwall conveyed two thirds of the said premises in fee to Stevens.. Ebtt, as I understand the ease, was equitable owner of one half of the premises conveyed to'Stevens. "While Aspinwall held the title, contracts were executed to sundry persons for the sale of portions…
2Cases cited8 opinions
- Bush v. . LathropNew York Court of Appeals · 1860
- Jackson ex dem. Bartlett v. HenryNew York Supreme Court · 1813
- Foote v. ColvinNew York Supreme Court · 1808
- Fassett v. . SmithNew York Court of Appeals · 1861
- Varick v. BriggsNew York Court of Chancery · 1837
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3Cited by4 opinions
- Marie v. GarrisonThe Superior Court of New York City · 1883
- Baker v. ThomasNew York Supreme Court · 1891
- Phelan v. BradyNew York Supreme Court · 1887
- Greene v. DealNew York Supreme Court · 1875