Saniford v. Frost
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, Kings county. Action by Richard Sandford against Carman Frost to obtain an adjucation that defendant held the land described in the complaint as trustee for a partnership between plaintiff and defendant, and that plaintiff be declared to have a one-third interest in the land, and that defendant be enjoined from selling, conveying, or transferring the title without plaintiff’s consent, and that defendant execute a declaration of trust as to…
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Appeal from special term, Kings county. Action by Richard Sandford against Carman Frost to obtain an adjucation that defendant held the land described in the complaint as trustee for a partnership between plaintiff and defendant, and that plaintiff be declared to have a one-third interest in the land, and that defendant be enjoined from selling, conveying, or transferring the title without plaintiff’s consent, and that defendant execute a declaration of trust as to plaintiff’s one-third interest. There was a judgment in favor of plaintiff, and defendant appeals.
1Opinion of the CourtWillard Bartlett, J.
There is no statement in the appeal book that the case contains all the evidence. Hence we *565can not review the findings of fact. Aldridge v. Aldridge, 120 N. Y. 614, 31 S. R 948. According to these findings there was an agreement of partnership in 1887, 1888, and 1889 between the plaintiff and the defendant, for acquiring title to a large tract of land on the south shore of Long Island, known as the “Long Beach Property,” and obtaining possession thereof. The defendant undertook to secure the necessary records, searches, deeds, and other documents, while the plaintiff was to furnish money for…
2Cases cited5 opinions
- Tuttle v. Jackson ex dem. HillsCourt for the Trial of Impeachments and Correction of Errors · 1830
- Hurlburt v. . HurlburtNew York Court of Appeals · 1891
- Aldridge v. . AldridgeNew York Court of Appeals · 1890
- Rosseau v. . BleauNew York Court of Appeals · 1892
- Truax v. ThornNew York Supreme Court · 1848