Porter v. Newton

Lewis, Edmund H., J.

By the complaint the plaintiff seeks to establish an equitable interest in certain real property located in the city of Oswego, N. Y. The basis of such an interest is an alleged oral agreement made between plaintiff and defendant in 1922 under which plaintiff claims to have made certain payments and performed certain obligations assumed by him.

The defendant moves to dismiss the complaint, assigning as the ground for such motion the fact that in August, 1931, a proceeding was instituted by the defendant before a justice of the peace of Oswego county to dispossess the…