Higgins v. Higgins
New York Supreme Court
Appeal from a judgment entered on findings of judge, after trial at special term without a jury. j George H. Higgins brought this action against Han-; nah W. Higgins, his "wife, and others, to recover property and the proceeds of property, to which she had acquired title, directly or indirectly from him, under circumstances which appear sufficiently in the opinion. Judgment below was for the plaintiff, and the defendants appealed..
1Opinion of the Court
By the Court.‡ Daniels, J.
The object of "the *15action was to obtain the determination of the court that certain real estate described in the complaint was the property of the plaintiff, although title to it stood in the names of different defendants in the action, and to obtain an accounting of money delivered from time to time to the defendant, Hannah W. Higgins, in trust.for the plaintiff.
She was his wife, and for that reason it has been urged that such an action could not be maintained by him against her. But as it was in equity to assert and maintain rights cognizable only under equitable…
2Cases cited12 opinions
- Fairchild v. . FairchildNew York Court of Appeals · 1876
- Lounsbury v. . PurdyNew York Court of Appeals · 1859
- Siemon v. . SchurckNew York Court of Appeals · 1864
- Hoffman v. . HoffmanNew York Court of Appeals · 1871
- Foote v. . BryantNew York Court of Appeals · 1872
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3Cited by3 opinions
- Talmage v. RussellAppellate Division of the Supreme Court of the State of New York · 1902
- Williams v. CharlierAppellate Division of the Supreme Court of the State of New York · 1897
- Lammer v. StoddardNew York Court of Appeals · 1886