Smith v. Smith
New York Supreme Court
Appeal from special term, Onondaga county. Action by John W. Smith against Martha Smith and Mary Lilly to set aside a conveyance of certain lands to defendant Smith, and to charge said land with an equitable lien for improvements built thereon. Judgment for plaintifl establishing the lien, and defendant Martha Smith appeals.
1Opinion of the CourtMartin, J.
The plaintifl and the defendant Martha Smith are husband and wife. In 1863 the plaintifl owned the premises described in the complaint. Upon the 21st day of September in that year the plaintifl, through the defendant Lilly, conveyed the premises in question to his wife. By this action the plaintifl sought (1) to set aside.the conveyance from him through the defendant Lilly to his wife, or to compel her to reconvey the premises to him; (2) to establish an equitable lien thereon for the purchase price of the premises and the moneys expended by him in erecting a building thereon. The court…
2Cases cited9 opinions
- Williams v. . IngersollNew York Court of Appeals · 1882
- Freeman v. . FreemanNew York Court of Appeals · 1870
- Payne v. . WilsonNew York Court of Appeals · 1878
- Hale v. . Omaha National BankNew York Court of Appeals · 1872
- Chase v. . PeckNew York Court of Appeals · 1860
4 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Korminsky v. KorminskyThe Superior Court of the City of New York and Buffalo · 1893
- Kenyon v. YoulanNew York Supreme Court · 1889
- Stramann v. ScheerenColorado Court of Appeals · 1895
- Trocon v. Scott City Northern RailroadSupreme Court of Kansas · 1914
- Dodge v. MillerNew York Supreme Court · 1894
2 more not listed; retrieve them via the Exa API.