Colvin v. Shaw
New York Supreme Court
Appeal from special-term, Orleans county. Action by Alice M. Colvin against Sophia Shaw to foreclose a. mortgage made by Mies Broadbent to Jonah D. Decker, August 1,. 1883, on certain premises at Hollt, in Orleans county, to secure the payment of $600. Defendant Shaw alleged an equitable title in herself to a portion of the premises, arising from a contract to sell and convey to her for a consideration, which she had paid, and; pursuant to wMch she had taken possession.
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Appeal from special-term, Orleans county. Action by Alice M. Colvin against Sophia Shaw to foreclose a. mortgage made by Mies Broadbent to Jonah D. Decker, August 1,. 1883, on certain premises at Hollt, in Orleans county, to secure the payment of $600. Defendant Shaw alleged an equitable title in herself to a portion of the premises, arising from a contract to sell and convey to her for a consideration, which she had paid, and; pursuant to wMch she had taken possession. The trial court determined that, as against plaintiff, defendant was estopped from asserting title to that portion of the…
1Opinion of the CourtBradley, J.
The view of the trial court, as appears by the findings of fact, was that the defendant, Sophia Shaw, had, as against Hiles Broadbent, the mortgagor, the equitable title to the west half of the premises described in the mortgage, but that she was estopped from asserting such title against the plaintiff.- The facts, as found by the court, were that, in the fall of 1880, the defendant, Shaw, went into the possession of the west half of the premises, under an agreement of purchase with Broadbent; that she paid him the purchase price, in services, board, etc., and has since remained in the open,…
2Cases cited12 opinions
- Terry v. . MungerNew York Court of Appeals · 1890
- Conrow v. . LittleNew York Court of Appeals · 1889
- Moller v. . TuskaNew York Court of Appeals · 1881
- Trustees of Union College v. WheelerNew York Court of Appeals · 1874
- Schafer v. . ReillyNew York Court of Appeals · 1872
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3Cited by2 opinions
- Doddridge v. DoddridgeIndiana Court of Appeals · 1900
- Meeks v. MeeksAppellate Division of the Supreme Court of the State of New York · 1903