Legal Opinion

Meeker v. . Wright

New York Court of Appeals

Decided February 18, 1879PublishedCited by 29 opinions

Appeal from j udgment of the General Term of the Supreme Court, in the third judicial department, affirming a judgment in favor of defendants, entered upon a decision of the court on trial at Special Term. (Reported below, 11 Hun, 533.) This action ivas brought by plaintiffs, as administrators of the estate of Samuel Daily, to foreclose a mortgage executed by defendant Cordelia Wright, then Cordelia Daily, to said Samuel Daily. The facts appear sufficiently in the opinion.

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Appeal from j udgment of the General Term of the Supreme Court, in the third judicial department, affirming a judgment in favor of defendants, entered upon a decision of the court on trial at Special Term. (Reported below, 11 Hun, 533.) This action ivas brought by plaintiffs, as administrators of the estate of Samuel Daily, to foreclose a mortgage executed by defendant Cordelia Wright, then Cordelia Daily, to said Samuel Daily. The facts appear sufficiently in the opinion. The husband and wife, to Avhom the farm Avas conveyed, held it as tenants in common. (R. S. [6th ed., Banks], 1104, §…

1Opinion of the CourtDanforth, J.

By deed dated September 22, 1865, one Clarissa Smith (the mother of the defendant Cordelia) conveyed a portion of the premises described in the complaint in this action to Samuel Daily and Cordelia Daily, and on the first day of April, 1870, Samuel Daily executed and delivered to Cordelia a deed, purporting to convey to her, in consideration of $1,500 (the receipt of which he acknowledged), the premises above referred to with another parcel of ten acres, “and all his right and interest in the personal property then or thereafter to be placed on the premises,” and on the same day Cordelia…

2Cases cited10 opinions

  1. Jaques v. Trustees of the Methodist Episcopal ChurchCourt for the Trial of Impeachments and Correction of Errors · 1820
  2. Wood v. . ChapinNew York Court of Appeals · 1856
  3. Hunt v. . JohnsonNew York Court of Appeals · 1870
  4. Jackson, ex dem. Rounds v. M'ChesneyNew York Supreme Court · 1827
  5. Ballin v. . DillayeNew York Court of Appeals · 1867

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3Cited by29 opinions

  1. Hiles v. . FisherNew York Court of Appeals · 1895
  2. Bertles v. . NunanNew York Court of Appeals · 1883
  3. Ganoe v. OhmartOregon Supreme Court · 1927
  4. Jooss v. . FeyNew York Court of Appeals · 1891
  5. Dowling v. SalliotteMichigan Supreme Court · 1890

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