Creque v. Sears
New York Supreme Court
Appeal from a judgment in favor of the defendants, entered upon the report of a referee.
1Opinion of the Court
Learned, P. J.:
This contest arises over the title, or right of possession, to a small triangular piece of land. By the findings of the referee the legal title is in the plaintiff. But he finds that the plaintiff is estopped from asserting his legal title, by reasons of his acts and declarations to defendant Camp. The evidence is sufficient to sustain such findings. Camp contemplated the purchase of a lot of Trunbly. He knew that there was a controversy or dispute, between Trunbly and Creque about the line between their lots. He went to Creque and said he would buy, if the dispute could be…
2Cases cited3 opinions
- Levin v. . RussellNew York Court of Appeals · 1870
- Tilton v. NelsonNew York Supreme Court · 1857
- Raynor v. TimersonNew York Supreme Court · 1866