Freelove v. Cole
New York Supreme Court
APPEAL from a judgment entered at a special term upon a trial before the court without a jury. The action was brought to compel the defendant to convey a certain farm to the plaintiff, Hannah J. Freelove.
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APPEAL from a judgment entered at a special term upon a trial before the court without a jury. The action was brought to compel the defendant to convey a certain farm to the plaintiff, Hannah J. Freelove. The justice found the following facts, viz: That on or about the 15th day of April, 1856, the premises were conveyed by the plaintiffs to the defendant, under and in pursuance of a verbal agreement between the parties that the defendant should take and hold the title to the premises until the debts of the plaintiff, Henry Freelove, could be arranged and paid in some other way, when the…
1Opinion of the Court
By the Court, E. Darwin Smith, J.
The defendant, upon the evidence and facts found in the case, has obtained from the plaintiffs, without consideration, a conveyance of the plaintiffs’ farm, containing about 115 acres, upon a parol promise or agreement to reconvey the same to the plaintiff, Hannah J. Freelove. The defendant having acquired such title, refuses to perform the parol agreement, and resists the claim of the plaintiffs that it be specifically executed, on the ground that such conveyance was made by Freelove to hinder, delay and defraud his creditors, resting his defense upon the…
2Cases cited1 opinion
- Ford v. . HarringtonNew York Court of Appeals · 1857
3Cited by22 opinions
- Berman v. CoakleyMassachusetts Supreme Judicial Court · 1923
- Fisher v. . BishopNew York Court of Appeals · 1888
- Harper v. HarperCourt of Appeals of Kentucky · 1887
- Storrs v. ScougaleMichigan Supreme Court · 1882
- Board of Commissioners of Excise v. BackusNew York Supreme Court · 1864
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