Woodard v. Foster
New York Supreme Court
Appeal from judgment on report of referee. Action by Lucinda Woodard against William J. Foster to recover possession of certain real property. From- a judgment for defendant, entered in Cortland county, plaintiff appeals.
1Opinion of the CourtMartin, J.
An important, if not the controlling, question in this ease is whether the referee properly admitted paroi evidence to show that before and at the time of the delivery of the deed from the defendant to plaintiff’s husband it was agreed by the parties that the defendant should retain the use of the premises during his life. Although this question is controlled by the rules of evidence, yet the solution involves a substantial determination of the controversy between the parties. The rule invoked by the appellant is that making paroi evidence inadmissible to contradict or vary the terms of a…
2Cases cited11 opinions
- Thomas v. . ScuttNew York Court of Appeals · 1891
- Chapin v. . DobsonNew York Court of Appeals · 1879
- Eighmie v. . TaylorNew York Court of Appeals · 1885
- Wilson v. . DeenNew York Court of Appeals · 1878
- Engelhorn v. . ReitlingerNew York Court of Appeals · 1890
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3Cited by4 opinions
- Lewis v. YagelNew York Supreme Court · 1894
- Henning v. MillerNew York Supreme Court · 1893
- Weeks v. BinnsNew York Supreme Court · 1895
- Crowe v. BaumannDistrict Court, N.D. New York · 1912