Swinburne v. . Swinburne
New York Court of Appeals
This action was brought by the plaintiffs, the children and • heirs at law of Peter Swinburne deceased, to recover of the defendant, their share of the purchase money of - a farm of land situate in Denmark in the county of Lewis, which had been purchased by said Peter in his lifetime and partially paid for by him, and of which land the defendant, without ■ the knowledge or consent of the heirs of the said Peter, (of whom the defendant was one,) obtained the title and sold…
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This action was brought by the plaintiffs, the children and • heirs at law of Peter Swinburne deceased, to recover of the defendant, their share of the purchase money of - a farm of land situate in Denmark in the county of Lewis, which had been purchased by said Peter in his lifetime and partially paid for by him, and of which land the defendant, without ■ the knowledge or consent of the heirs of the said Peter, (of whom the defendant was one,) obtained the title and sold and conveyed the' same and received and converted to his own use the proceeds. The facts were these: On the 1st of August,…
1Opinion of the CourtMullin, J.
(After discussing various exceptions taken on the trial to the reception of evidence.) If a new trial should be granted, it will save expense to the parties if the court should now dispose of the question whether it was competent for the parties to prove a trust in this" case by parol, and if so, whether a trust has been established by the evidence.
The facts found are, that Mrs. Swinburne, after the death of her husband, took in her own name, for the benefit of the family, a contract for the 60 acres, and paid money upon it. That at her request, without the knowledge or consent of the other…
2Cases cited1 opinion
- Lounsbury v. . PurdyNew York Court of Appeals · 1859
3Cited by13 opinions
- Randall v. ConstansSupreme Court of Minnesota · 1885
- Farmers & Traders Bank v. Kimball Milling Co.South Dakota Supreme Court · 1890
- Meagher v. HarringtonMontana Supreme Court · 1927
- McPheeters v. WrightIndiana Supreme Court · 1890
- Stevens v. Union Trust Co.New York Supreme Court · 1890
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