Wendt v. . Walsh
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department-, made March 9, 1900, reversing an order of Special Term confirming the report of a referee in surplus money proceedings. The facts, so far as material, are stated in the opinion. The deed to Bock has been conclusively shown to have been one of trust only, and the declaration was a valid one to the extent of and during the life of William A. Wilson.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department-, made March 9, 1900, reversing an order of Special Term confirming the report of a referee in surplus money proceedings. The facts, so far as material, are stated in the opinion. The deed to Bock has been conclusively shown to have been one of trust only, and the declaration was a valid one to the extent of and during the life of William A. Wilson. (Van Cott v. Prentice, 35 Hun, 317; McArthur v. Gordon, 126 N. Y. 597; Hopkins v. Kent, 145 N. Y. 363; Roberts v. Cary, 84 Hun, 328; Matter of…
1Opinion of the CourtBartlett, J.
This is an action to foreclose a mortgage upon real property in the city of New York. The mortgaged premises, with other lands, were conveyed to William 8. Wilson either by Bridget Walsh or her heirs at law. William A. Wilson, the father of the grantee in these conveyances, brought suit against his' son, claiming that all the property embraced in the deeds from Mrs. Walsh or her heirs was held' by his son in trust for him.
An agreement was reached in that action before trial which resulted in a compromise between the father and son, wherein the son covenanted “ to convey and transfer to a…
2Cases cited3 opinions
- Rawson v. . LampmanNew York Court of Appeals · 1851
- La Grange v. L'AmoureuxNew York Court of Chancery · 1845
- People ex rel. Hopkins v. Board of SupervisorsNew York Court of Appeals · 1873
3Cited by26 opinions
- Elcar Mobile Homes, Inc. v. DK Baxter, Inc.New Jersey Superior Court Appellate Division · 1961
- Biglioli v. Durotest Corp.New Jersey Superior Court Appellate Division · 1957
- Ullman v. . CameronNew York Court of Appeals · 1906
- Moore's Trucking Co. v. Gulf Tire & Supply Co.New Jersey Superior Court Appellate Division · 1952
- Berardi v. RutterNew Jersey Superior Court Appellate Division · 1956
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