Finton v. Eggleston
New York Supreme Court
Apppeal from special term, Tates county. George W. Finton presented to James W. Eggleston and another, as administrators of Stephen Eggleston, deceased, a claim against the estate arising out of a breach of a covenant of warranty in a deed from decedent to claimant. The claim was referred under the statute.
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Apppeal from special term, Tates county. George W. Finton presented to James W. Eggleston and another, as administrators of Stephen Eggleston, deceased, a claim against the estate arising out of a breach of a covenant of warranty in a deed from decedent to claimant. The claim was referred under the statute. The referee found for the claimant, and from an order of the special term confirming the referee’s report and denying a motion for a new trial on a case and exceptions the executor appeals.
1Opinion of the CourtLewis, J.
On the 8th day of February, 1867, Stephen Eggleston, the defendant’s testator, executed and delivered to the plaintiff, Finton, a full covenant deed of three parcels of land in the town of Barrington, Yates county. One of these parcels contained 8 acres, 3 roods, and 31 rods, and is the lot about which this contention arises. After the delivery of the deed the plaintiff entered upon the eight-acre lot and cut and removed therefrom timber. One Samuel Thayer, claiming a life-tenancy in the lot, commenced an action in a justice’s court for damages for cutting and removing the timber. Finton…
2Cases cited6 opinions
- People Ex Rel. Witherbee v. Board of SupervisorsNew York Court of Appeals · 1877
- Thayer v. . FintonNew York Court of Appeals · 1888
- MacKay v. . LewisNew York Court of Appeals · 1878
- Taylor v. . BarnesNew York Court of Appeals · 1877
- Gregory v. FichtnerNew York Court of Common Pleas · 1891
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Long v. WheelerMissouri Court of Appeals · 1900
- Rennie v. GibsonSupreme Court of Oklahoma · 1919
- Bronaugh v. JohnSupreme Court of Oklahoma · 1923
- Dougall v. DougallAppellate Division of the Supreme Court of the State of New York · 1901
- Henderson v. BartlettAppellate Division of the Supreme Court of the State of New York · 1898
1 more not listed; retrieve them via the Exa API.