Wait v. Day
New York Supreme Court
Ejectment for a house and lot in the village of Sandy Hill, Washington county, tried in that county before Willard, circuit judge, in June, 1844. The plaintiff claimed the property as a purchaser at sheriff’s sale on a judgment against George R. Barker. Barber formerly resided at Sandy Hill, and was cashier of the Washington and Warren Bank.
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Ejectment for a house and lot in the village of Sandy Hill, Washington county, tried in that county before Willard, circuit judge, in June, 1844. The plaintiff claimed the property as a purchaser at sheriff’s sale on a judgment against George R. Barker. Barber formerly resided at Sandy Hill, and was cashier of the Washington and Warren Bank. The defendant, who was a single woman, also resided at Sandy Hill, and had two illegitimate daughters of which Barker was reputed to be the father. One of the children was born about the year 1829, and the other about the year 1832; and both are still…
1Opinion of the Court
By the Court, Bronson, Ch. J.
Under the old law of use* and trusts, when lands were conveyed to one person, and the consideration was paid by another, there was a resulting trust in favor of him who paid the money; and the statute 29 Car. 2, c. 3, § 10, which was re-enacted in this state, subjected the lands to judgments and executions against the cestui que trust in the same manner as though he had been seized of the legal! estate. (1 R. L. 74, § 4.) Under the present statute, no use or trust results in favor of him who paid the money; and the title vests in the person named as alienee in the…
2Cases cited2 opinions
- Guthrie v. GardnerNew York Supreme Court · 1838
- Brewster v. PowerNew York Court of Chancery · 1844
3Cited by10 opinions
- Garfield v. . HatmakerNew York Court of Appeals · 1857
- Potter & Son v. GracieSupreme Court of Alabama · 1877
- Gilbert v. StockmanWisconsin Supreme Court · 1892
- Rankin v. HarperSupreme Court of Missouri · 1856
- Hershy v. LathamSupreme Court of Arkansas · 1883
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