Phillips v. . Gorham
New York Court of Appeals
Appeal from the Supreme Court. The action was for the recovery of certain land in Chenango county. The complaint, after stating the plaintiff’s title as heir of one William Phillips deceased, averred that the defendant was in possession, claiming ownership, by virtue of a pretended deed of conveyance from the said William Phillips in his lifetime, and charged that such pretended deed was ineffectual and inoperative in law as a conveyance; that it was fraudulently obtained by…
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Appeal from the Supreme Court. The action was for the recovery of certain land in Chenango county. The complaint, after stating the plaintiff’s title as heir of one William Phillips deceased, averred that the defendant was in possession, claiming ownership, by virtue of a pretended deed of conveyance from the said William Phillips in his lifetime, and charged that such pretended deed was ineffectual and inoperative in law as a conveyance; that it was fraudulently obtained by the defendant, and without any sufficient consideration to support it. The answer denied that the defendant held under…
1Opinion of the CourtJohnson, C. J.
In this case the question arises whether, in an action to recover specific real property, the plaintiff may attack a deed under which the defendant claims title as well upon grounds which, under the former divided jurisdictions of law and equity, were cognizable at law as upon grounds which were properly cognizable in the Court of Chancery. It is contended that the legislature does not, under the constitution of 1846, possess the power to authorize such a case to be determined in a single suit. The provisions relied upon are sections three and ten of article six, the first of which is: “…
2Cited by54 opinions
- Mandeville v. . ReynoldsNew York Court of Appeals · 1877
- Van Deusen v. . SweetNew York Court of Appeals · 1873
- Barlow v. . ScottNew York Court of Appeals · 1861
- Blinn v. . SchwarzNew York Court of Appeals · 1904
- Cummings v. . MorrisNew York Court of Appeals · 1862
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