Legal Opinion

Taylor v. . Taylor

New York Court of Appeals

Decided February 5, 1871PublishedCited by 12 opinions

Appeal from the late General Term of the Supreme Court, in the seventh judicial district, affirming a judgment for the plaintiff, directed at Special Term. This action was originally brought against James Taylor and James H. Wood, executors of Charles A. Williamson, deceased. Taylor died pending the action, and his administrators and his heirs-at-law were made parties defendants, by supplemental complaint.

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Appeal from the late General Term of the Supreme Court, in the seventh judicial district, affirming a judgment for the plaintiff, directed at Special Term. This action was originally brought against James Taylor and James H. Wood, executors of Charles A. Williamson, deceased. Taylor died pending the action, and his administrators and his heirs-at-law were made parties defendants, by supplemental complaint. The defendant, Wood, did not answer*. The action was tried at the June Special Term, in 1867, in Steuben county, by a judge without a jury. The administrators of James Taylor appealed to…

1Opinion of the Court

Church, Ch. J.

By the terms of the contract with Williamson, James Taylor agreed to pay him the sum of §396.67, which was the balance due on the land according to a previous contract of purchase held by Daniel Taylor; and upon its payment the land was to be conveyed to James and Daniel Taylor, as tenants in common. This was in 1842, and the two Taylors then agreed upon a partition’by which Daniel was to have the south and James the north half of the farm, and they en tered into possession of their respective parts, and held the same in severalty until the death of Daniel in 1853. There was a…

2Cases cited1 opinion

  1. Putnam v. Van BurenNew York Supreme Court · 1852

3Cited by12 opinions

  1. Western M. & M. Co. v. Virginia Cannel Coal Co.West Virginia Supreme Court · 1877
  2. Ostrander v. . WeberNew York Court of Appeals · 1889
  3. Cobble Hill Nursing Home, Inc. v. Henry & Warren Corp.Appellate Division of the Supreme Court of the State of New York · 1993
  4. Lee v. O'ShaughnessySupreme Court of Minnesota · 1873
  5. Arena Athletic Club v. McPartlandAppellate Division of the Supreme Court of the State of New York · 1899

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