Church v. Hempsted
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term. Albany county. Action by Henrietta Church, as executrix of the last will and testament of Walter S. Church, deceased, against Lyman Hempsted and wife. From a judgment entered on the decision of the court on a trial without a jury, defendants Hempsted and wife appeal. Affirmed.
1Opinion of the CourtMerwin, J.
This action was commenced in March, 1895, to recover the possession of 76-| acres of land in the town of Berne, in the county of Albany, being the south half of lot No. 434. It is alleged in *326the complaint that one Walter S. Church, in his lifetime, was the owner in fee and entitled to the immediate possession, and on or before the 30th March, 1881, was in the actual possession, of the premises; that on the 30th March, 1881, the said Church entered into a written agreement with one Albert B. Davis, whereby Church agreed to sell and Davis agreed to purchase the property according to the terms…
2Cases cited10 opinions
- Mandeville v. . ReynoldsNew York Court of Appeals · 1877
- Leland v. . CameronNew York Court of Appeals · 1865
- Fisher v. Mayor of New YorkNew York Court of Appeals · 1876
- Jackson ex dem' Klein v. GrahamNew York Supreme Court · 1805
- Jackson ex dem. Kane v. SternberghNew York Supreme Court · 1799
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