Rathbun v. Rathbun
New York Supreme Court
In Equity. This was an appeal from a decree of the late 'vice chancellor of the fifth circuit, dismissing the plaintiff’s bill, but without costs to either party. The bill alleged that on the 16th of July, 1828, the plaintiff owned the undivided two thirds of a farm of about 300 acres in Warren, Herkimer county.
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In Equity. This was an appeal from a decree of the late 'vice chancellor of the fifth circuit, dismissing the plaintiff’s bill, but without costs to either party. The bill alleged that on the 16th of July, 1828, the plaintiff owned the undivided two thirds of a farm of about 300 acres in Warren, Herkimer county. That his father, the defendant, owned the other one third of the premises, the same having, on that day, been conveyed to him by the plaintiff in satisfaction of the bond of the plaintiff secured by a mortgage on the whole premises. That on the 19th of September, 1829, the plaintiff…
1Opinion of the Court
By the Court, Allen, J.
The evidence relied upon to establish a trust in this case, if admissible at all, is very slight, and entirely insufficient for that purpose.
I. The transaction is susceptible of a very easy and satisfactory explanation without reference to a purchase of the premises by the defendant, or the creation of a trust for the benefit of the plaintiff of the character of that set up in the bill. The plaintiff had but a very short period before received the title to the property from the defendant, his father, by way of advancement, and after an experiment of some three or four…
2Cases cited4 opinions
- Hess v. FoxNew York Supreme Court · 1833
- Elsey v. MetcalfCourt for the Trial of Impeachments and Correction of Errors · 1845
- German v. MachinNew York Court of Chancery · 1837
- Squire v. HarderNew York Court of Chancery · 1829
3Cited by29 opinions
- Gaylord v. GaylordSupreme Court of North Carolina · 1909
- Gaylord v. . GaylordSupreme Court of North Carolina · 1909
- Troll v. CarterWest Virginia Supreme Court · 1879
- Walter v. HoffmanNew York Court of Appeals · 1935
- Randall v. ConstansSupreme Court of Minnesota · 1885
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