Freeman v. . Freeman
New York Court of Appeals
Appeal from an order of the General Term of the Supreme Court in the sixth judicial district, reversing a judgment for the plaintiff entered upon the report of a referee, and ordering a new trial. The action was ejectment, and the answer set up a claim for specific performance of a contract to give the premises in controversy. The defendants are husband and wife, and the defendant, James W. Freeman, is a son of the plaintiff, Samuel Freeman.
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Appeal from an order of the General Term of the Supreme Court in the sixth judicial district, reversing a judgment for the plaintiff entered upon the report of a referee, and ordering a new trial. The action was ejectment, and the answer set up a claim for specific performance of a contract to give the premises in controversy. The defendants are husband and wife, and the defendant, James W. Freeman, is a son of the plaintiff, Samuel Freeman. Soon after their marriage they moved to a small lot in the village of Smithville, in the county of Chenango. While residing there, and in February, 1860,…
1Opinion of the CourtGrover, J.
As the order of the General Term does not show that it was based upon errors of fact, it must be assumed by this court to have been based upon errors of law only. The facts must be assumed to have been correctly found by the referee. The only legal questions arise upon the exception taken by the respondent to the legal conclusion drawn by the referee from the facts found by him. That conclusion was, that although the plaintiff gave said premises to the defendant, yet said gift, being by parol, was not valid and passed no title either legal or equitable to the premises set out in the…
2Cases cited1 opinion
- Shepherd v. BevinCourt of Appeals of Maryland · 1850
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