Barker v. . White
New York Court of Appeals
The nature of the action and of the questions presented and the necessary facts are stated in the opinion. Plaintiffs’ claim is barred by the statute of limitations. (Roberts v. Sykes, 30 Barb., 178; 1 Keyes, 141, 159; Story Eq.
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The nature of the action and of the questions presented and the necessary facts are stated in the opinion. Plaintiffs’ claim is barred by the statute of limitations. (Roberts v. Sykes, 30 Barb., 178; 1 Keyes, 141, 159; Story Eq. Jur., § 1521 a; Schroeppell v. Cornney, 2 Seld., 107; Bloodwood v. Brown, 4 id., 362; Borst v. Corey, 15 N. Y., 505; Bruce v. Tilson, 25 id., 194.) There was no trust expressed in the deed to Squire White, nor any recognized by the statute in the articles, nor any corporation as required by law. (Ring v. McCoud, 10 N. Y., 268; 3 Seld., 564; 1 R. S., 729, §§ 60, 62; 8…
1Opinion of the CourtRapallo, J.
This is an appeal from an order of the General Term of the Supreme Court in the fourth judicial department, denying a motion for a new trial on exceptions to the report of a referee.
Only a portion of the defendants appeal. Those appealing are William D. White, Devillo A. White, George H. White and Ellen D. Quilting, formerly Ellen D. Morgan.
A motion is made on the part of the respondents for an order precluding the appellants William D. White and Devillo A. White from prosecuting this appeal, on the ground that they have elected to abide by the interlocutory decree entered upon the referee’s…
2Cases cited2 opinions
- Bennett v. . Van SyckelNew York Court of Appeals · 1859
- Knapp v. . BrownNew York Court of Appeals · 1871
3Cited by16 opinions
- Randall v. ConstansSupreme Court of Minnesota · 1885
- Stein v. George B. Spearin, Inc.New Jersey Court of Chancery · 1936
- Monnet v. MerzThe Superior Court of the City of New York and Buffalo · 1892
- Cohen v. CohenNew York Court of Appeals · 1957
- McNamara v. Canada Steamship Co.New York Court of Common Pleas · 1882
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