Anderson v. . Mather
New York Court of Appeals
Appeal from an order of the Supreme Court at the late General Term, in the seventh district, reversing a judgment entered on the report of a referee, and granting a new trial, as to the appellant, Catharine Anderson.
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Appeal from an order of the Supreme Court at the late General Term, in the seventh district, reversing a judgment entered on the report of a referee, and granting a new trial, as to the appellant, Catharine Anderson. The action was in the nature of" ejectment to recover the possession of seventy feet of land frontíng on the west side of Washington street, in the city of Eochester, being 167 feet in depth, of which the complaint alleges that the defendant is in the wrongful possession, having ejected the plaintiffs, who claim to be the owners in fee. The answer denies every statement of the…
1Opinion of the Court
Leonard, C.
The legal estate in the land was vested in Ira West, and his heirs and assigns by the deed of 1827. It is claimed by the appellant that the Revised Statutes of 1830, upon the death of the trustee, divested his heirs of the legal estate, and vested it in the (then) Court of Chancery, and made it the duty of the chancellor to appoint some person to execute the trust. (Section 68, p. 730, vol. 1.) The first chapter of the second part of the Eevised Statutes of 1830, which includes the section referred to, made sweeping changes in the law relating to trusts as previously existing. The…
2Cases cited1 opinion
- Cochran v. Van SurlayNew York Supreme Court · 1838
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- Hollenbach v. . BornNew York Court of Appeals · 1924
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