Page v. . Waring
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, affirming a judgment in favor of plaintiff, entered upon the report of a referee. The nature of the action and the.facts are set forth sufficiently in the opinion. Upon the facts found by the referee, when the awards were made, Morton was, as regards the premises taken, a purchaser in good faith within the meaning of the recording act.
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Appeal from judgment of the General Term of the Supreme Court, affirming a judgment in favor of plaintiff, entered upon the report of a referee. The nature of the action and the.facts are set forth sufficiently in the opinion. Upon the facts found by the referee, when the awards were made, Morton was, as regards the premises taken, a purchaser in good faith within the meaning of the recording act. (Varick v. Briggs, 6 Paige, 323; 22 Wend., 543; Webster v. Van Steenburgh, 46 Barb., 211; Hetzel v. Barbee, 69 N. Y., 1.) The burden of showing a consideration, actual notice, notice by record and…
1Opinion of the CourtEarl, J.
On the 18th day of March, 1869, awards were made to “ unknoAvn OAvners ” for lands taken for the opening of a street, in the city of New York. Those awards were paid by the city to the defendant, who claimed to be entitled thereto. The plaintiff, claiming that he owned the lands at the time they Avere taken, and that he Avas therefore entitled to the awards, brought this action against the defendant to recover the money thus paid to him.
This controversy involves an inquiry into the title to the lands for Avhich the aAvards Avere made. It is conceded that Peter Poillon oAvncd the lands in 1827…
2Cases cited8 opinions
- Brown v. . VolkeningNew York Court of Appeals · 1876
- Wood v. . ChapinNew York Court of Appeals · 1856
- Hetzel v. . BarberNew York Court of Appeals · 1877
- Leitch v. . WellsNew York Court of Appeals · 1872
- Cook v. . TravisNew York Court of Appeals · 1859
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3Cited by29 opinions
- King v. RemingtonSupreme Court of Minnesota · 1886
- Sweetland v. . BuellNew York Court of Appeals · 1900
- Atwood v. BearssMichigan Supreme Court · 1881
- Custer Con. Mines Co. v. City of HelenaMontana Supreme Court · 1916
- Donegan v. DavisSupreme Court of Alabama · 1880
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