Estes v. . Wilcox
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department in favor of plaintiff, entered upon an order affirming an order of Special Term, which overruled a demurrer to the complaint herein.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department in favor of plaintiff, entered upon an order affirming an order of Special Term, which overruled a demurrer to the complaint herein. The complaint alleged, in substance, that Joshua Whipple, in his lifetime, caused certain real estate, specified and described in the complaint, which had been purchased and paid for by him, to be conveyed to defendant, Ruth D. Wilcox, which real estate Whipple improved at his own expense, and at great cost, and occupied up to the time of his death, said conveyance…
1Opinion of the CourtAndrews, J.
The question presented by the demurrer in this case, was decided adversely to the plaintiff in Allyn v. Thurston (53 N. Y., 622). It was there held that a creditor at large could not maintain an action to enforce a resulting trust in lands pmchased and paid for by his debtor, and by his direction conveyed to another person. In that case the action was brought after the death of the debtor, and it was averred in the complaint that he died insolvent, and unable to pay his debts. The defendant, by his demurrer, admitted the existence of the debt, and the insolvency and death of the debtor, but…
2Cited by40 opinions
- National Tradesmen's Bank v. WetmoreNew York Court of Appeals · 1891
- Adsit v. . ButlerNew York Court of Appeals · 1882
- Ohm v. Superior CourtCalifornia Supreme Court · 1890
- Gilbert v. StockmanWisconsin Supreme Court · 1892
- Adee v. . BiglerNew York Court of Appeals · 1880
35 more not listed; retrieve them via the Exa API.