Hewitt v. Ballard
Appellate Division of the Supreme Court of the State of New York
.Appeal by the plaintiff, Jessie Hewitt, from a judgment of the County Court of Jefferson county in favor of the defendant, entered in the office of the clerk of the county of Jefferson on the 2d day .of October, 1896, upon an order of said court, reversing a judgment in favor of the plaintiff, rendered by a justice of the peace- In the Justice’s Court the complaint alleged : “ That on or about August 14th, 1895, plaintiff was the owner and in possession of a field of…
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.Appeal by the plaintiff, Jessie Hewitt, from a judgment of the County Court of Jefferson county in favor of the defendant, entered in the office of the clerk of the county of Jefferson on the 2d day .of October, 1896, upon an order of said court, reversing a judgment in favor of the plaintiff, rendered by a justice of the peace- In the Justice’s Court the complaint alleged : “ That on or about August 14th, 1895, plaintiff was the owner and in possession of a field of growing corn of the value of $30. About said day at Antwerp, RT. Y., defendant wrongfully entered • on plaintiff’s premises…
1Opinion of the Court
Hardin, P. J. :
Upon the reversal by the County Court óf the judgment of the Justice’s Court, the county judge prepared an opinion in which he' stated, viz.: “ The evidence shows,- to my satisfaction, that at the time the levy was made the husband was the owner of the corn. ■ He then held the legal title to the land and the corn had been produced by his labor, and while there is some evidence of a previous verbal agreement that she should have the land, there is no proof of any such performance upon the part of the verbal agreement as would operate to vest her with an equitable title to the…
2Cases cited11 opinions
- Kenney v. . ApgarNew York Court of Appeals · 1883
- Goodsell v. Western Union Telegraph Co.New York Court of Appeals · 1888
- Decker v. . DeckerNew York Court of Appeals · 1888
- Burnham v. . ButlerNew York Court of Appeals · 1865
- Ludlum v. CouchAppellate Division of the Supreme Court of the State of New York · 1896
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3Cited by1 opinion
- In re WesterfieldAppellate Division of the Supreme Court of the State of New York · 1901