Mattoon v. Young
New York Supreme Court
Appeal by plaintiffs from a judgment entered on the report of a referee in favor of defendant, except as against plaintiff, Prudence Mattoon. The action was brought in St. Lawrence county by Harvey Mattoon against John N. Young to recover possession of thirty-five acres of land. Harvey claimed by deed from his father, John Mattoon. Subsequently the other heirs of John Mattoon, and his widow, Prudence Mattoon, were made parties plaintiff.
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Appeal by plaintiffs from a judgment entered on the report of a referee in favor of defendant, except as against plaintiff, Prudence Mattoon. The action was brought in St. Lawrence county by Harvey Mattoon against John N. Young to recover possession of thirty-five acres of land. Harvey claimed by deed from his father, John Mattoon. Subsequently the other heirs of John Mattoon, and his widow, Prudence Mattoon, were made parties plaintiff. It appears from the report of the referee to whom the cause was referred, that on January 21, 1845, John Mattoon and his wife, Prudence, executed a…
1Opinion of the CourtBockes, J.
When this case was in the court of appeals (45 N. Y. 696) the question of estoppel was considered, based on the offer of proof as to what occurred between plaintiff’s intestate, John Mattoon and Henry P. Oooke, at the time of the purchase of the premises by the latter at sheriff’s sale, under judgment and *112execution against James Mattoon. The offer of proof was this: that John Mattoon was present at the sheriff’s sale, and stated publicly to bidders, and in the hearing of Cooke, the purchaser, that he (John) had no interest in the premises, that the entire title was in James, and whoever…
2Cases cited7 opinions
- Plumb v. . Cattaraugus Co. Mutual Insurance Company.New York Court of Appeals · 1858
- Wood v. . SeelyNew York Court of Appeals · 1865
- Tilton v. NelsonNew York Supreme Court · 1857
- Mattoon v. . YoungNew York Court of Appeals · 1871
- Favill v. . RobertsNew York Court of Appeals · 1872
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