Reid v. Fitch
New York Supreme Court
This was an action to recover the undivided half of about thirty-five acres of land, situate in the town of Johnstown, in the county of Fulton. The plaintiff’s title was derived by descent from his mother Catherine Reid. It was proved that in 1885 the said Catherine Reid was found a lunatic, by inquisition, and Thomas Reid was duly appointed by the court of chancery, committee of her person and estate.
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This was an action to recover the undivided half of about thirty-five acres of land, situate in the town of Johnstown, in the county of Fulton. The plaintiff’s title was derived by descent from his mother Catherine Reid. It was proved that in 1885 the said Catherine Reid was found a lunatic, by inquisition, and Thomas Reid was duly appointed by the court of chancery, committee of her person and estate. As such committee, he received, on the 1st of December, 1836, the arrearages of a pension from the United States, belonging to said lunatic, amounting to $3300 at one time, and about $600 more…
1Opinion of the Court
By the Court,
Willard, P. J.
At the time the revised statutes were adopted, it was well settled that where land was purchased in the name of one person and the consideration was *407advanced by another, a trust resulted in favor of the person who advanced the consideration. (Jackson v. Morse, 16 John. 197. Foote v. Colvin, 3 Id. 216. Jackson v. Sternbergh, 1 John. Cas. 153. Botsford v. Burr, 2 John. Ch. 409. 3 Story’s Eq. § 1201. Cruise’s Dig. tit. 12, ch. 1, § 42, of Trusts.) For reasons unnecessary to be mentioned here, this rule was abrogated, except in favor of the creditors of the party…
2Cases cited4 opinions
- Foote v. ColvinNew York Supreme Court · 1808
- Jackson v. MorseNew York Supreme Court · 1819
- Brewster v. PowerNew York Court of Chancery · 1844
- Wait v. DayNew York Supreme Court · 1847
3Cited by4 opinions
- Preston & Stetson v. McMillanSupreme Court of Alabama · 1877
- Storm v. . McGroverNew York Court of Appeals · 1907
- Safford v. HyndsNew York Supreme Court · 1862
- Collins v. CollinsNew York Supreme Court · 1871