Fellows v. Heermans
New York Supreme Court
Appeal by plaintiff from judgment at special term, dismissing the complaint, with costs, in an action brought to set aside three several instruments, in writing, executed by plaintiff to defendant, dated respectively, the 3d, 10th, and 15th days of October, 1868. The facts are sufficiently stated in the opinion.
1DissentMiller, J.
This action was brought to set aside certain instruments bearing date 10th and 15th October, 1868, and was tried at Steuben Special Term in June, 1869.
It appeared upon the trial that on the 3d day of October, 1868, the defendant having drawn, the plaintiff executed an instrument of that date, employing terms of conveyance to defendant all of plaintiff’s estate, real and personal, in the States of Hew York, Pennsylvania, Michigan, Wisconsin, Indiana, Ohio, Illinois and West Virginia, in trust, to sell the lands, &c., and pay over all proceeds and avails of the property, real and personal, to…
2Cases cited13 opinions
- Hawley v. JamesCourt for the Trial of Impeachments and Correction of Errors · 1836
- Hawley & King v. JamesNew York Court of Chancery · 1835
- Coster v. LorillardCourt for the Trial of Impeachments and Correction of Errors · 1835
- De Peyster v. ClendiningNew York Court of Chancery · 1840
- Matter of the Petition of LivingstonNew York Court of Appeals · 1866
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