Smith v. . Smith
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme-Court in the fourth judicial department, entered upon an order made the first Tuesday of FTovember, 1888, which. • affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme-Court in the fourth judicial department, entered upon an order made the first Tuesday of FTovember, 1888, which. • affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The gravamen of the complaint relates to a reconveyance of property .which had passed from the plaintiff to the defendant, to which the plaintiff claimed to he entitled by virtue of a parol promise to reconvey. This agreement was…
1Opinion of the CourtO’Brien, J.
The plaintiff sought by this action to compel the defendant, who is his wife, to convey to him certain real estate of which she holds the title, or to have a lien in his favor declared thereon. The courts below have held that he was entitled to the lien, but not- to the conveyance, and as there is no appeal except by the defendant, it is only necessary to examine the grounds upon which the right to such lien was based.
In the year 1863 the plaintiff was the owner of the real estate described in the complaint, and concerning which the relief was demanded. On the twenty-first of September in…
2Cases cited2 opinions
- Chase v. . PeckNew York Court of Appeals · 1860
- King's Heirs and Others v. Thompson and WifeSupreme Court of the United States · 1835
3Cited by33 opinions
- Winne v. . WinneNew York Court of Appeals · 1901
- Sprague v. . CochranNew York Court of Appeals · 1894
- Sleeth v. . SampsonNew York Court of Appeals · 1923
- Lamar, Et Ux. v. Lechlider, Et Ux.Supreme Court of Florida · 1939
- Phalen v. . United States Trust Co.New York Court of Appeals · 1906
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