Foote v. Colvin
New York Supreme Court
THIS was an action of trespass. The declaration contained two counts. The first was for entering the close of the plaintiffs, treading down the grass, &c. cutting and carrying away the corn, &c.
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THIS was an action of trespass. The declaration contained two counts. The first was for entering the close of the plaintiffs, treading down the grass, &c. cutting and carrying away the corn, &c. The second count was for taking and carrying away 400 sheaves of rye, and 4,000 sheaves of wheat, of the value of, &c. of the proper goods and chattels of the plaintiffs. 1'he defendants pleaded not guilty, with a notice subjoined to the plea, that Colvin, one of the defendants, would give in evidence at the trial, that the locus in qua, mentioned in the first count, was his freehold, &c. and that the…
1Opinion of the CourtSpencer, J.
On the motion for a new trial the defendants’ counsel have insisted,
1. That the plaintiffs did not prove a joint property in the rye, which was the subject of the suit.
2. That the parol evidence offered and overruled, ought to have been admitted, to show that James Litchfield furnished to Foote the purchase money, with which the locus in quo was bought; as it created a resulting trust for James Litchfield.
3. That such resulting trust estate was liable to be sold an the execution issued at the suit of Hunt, and being sold to Colvin, he thereby acquired the legal interest in the land, and in…
2Cited by41 opinions
- Garfield v. . HatmakerNew York Court of Appeals · 1857
- Powell v. Monson & Brimfield Manuf'g Co.U.S. Circuit Court for the District of Massachusetts · 1824
- Smyth v. TankersleySupreme Court of Alabama · 1852
- You v. FlinnSupreme Court of Alabama · 1859
- Harris v. . FrinkNew York Court of Appeals · 1872
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