Patterson v. Copeland
New York Supreme Court
This is an appeal by the defendants, from a judgment entered against them, on the direction of a referee. The action was brought to compel the specific performance of a contract alleged to have been made between the plaintiff and defendants’ intestate, for the conveyance by the latter to the former of the premises described in the complaint.
Read the full summary
This is an appeal by the defendants, from a judgment entered against them, on the direction of a referee. The action was brought to compel the specific performance of a contract alleged to have been made between the plaintiff and defendants’ intestate, for the conveyance by the latter to the former of the premises described in the complaint. The case was referred to a referee, who gave judgment against the defendants, by which they were required to convey the premises to the plaintiff, as demanded in the complaint. The referee found on the proofs submitted to him, that, in 1840, the plaintiff…
1Opinion of the CourtBockes, J.
The facts found by the referee in this case are well established by the proof. That the testator, with a view to aid his brother, the plaintiff, made the purchase of the farm, and that-the latter entered, occupied and improved it, greatly enhanced its value by his own labor and with his own means, and paid all taxes and the interest on the purchase-money to the testator, year after year, under and pursuant to an understanding and agreement between them that the premises should be his on refunding to the testator the purchase-money, admits of no doubt.
The evidence is clear, direct, and' full…
2Cases cited9 opinions
- Clapp v. . FullertonNew York Court of Appeals · 1866
- Freeman v. . FreemanNew York Court of Appeals · 1870
- United States v. City Bank of ColumbusSupreme Court of the United States · 1859
- Cary v. . WhiteNew York Court of Appeals · 1874
- Van Riper v. PoppenhausenNew York Court of Appeals · 1870
4 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Collins v. SteuartAppellate Division of the Supreme Court of the State of New York · 1896