Hamlin v. . Hamlin
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered April 3, 1907, affirming 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 a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered April 3, 1907, affirming 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 trial court erred in permitting the plaintiff to testify, either directly or indirectly, to conversations between herself and her late husband concerning the deeds or the property affected thereby. (Sloan v. N. Y. C. R. R. Co., 45 N. Y. 125; Clift v. Moses, 112 N. Y. 426;…
1Opinion of the CourtGray, J.
The plaintiff seeks to have canceled, as clouds upon her alleged title to the real estate therein described, certain deeds executed by her to Frederick It. Hamlin, her husband, during his lifetime. The theory of her complaint was that there had never been any delivery of those deeds and that there had been no intention, on the part of either, that there should be a delivery, until the full value of the property was paid to her. It appears that her husband purchased the properties, which consisted in real estate in Hew York city and on Long Island, a few months after their marriage and had the…
2Cases cited4 opinions
- Ten Eyck v. . WhitbeckNew York Court of Appeals · 1898
- Worrall v. . MunnNew York Court of Appeals · 1851
- Souverbye v. ArdenNew York Court of Chancery · 1814
- Moore v. WinansAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by17 opinions
- In Re the Accounting of Van AlstyneNew York Court of Appeals · 1913
- Herrmann v. JorgensonNew York Court of Appeals · 1934
- Stiebel v. . GrosbergNew York Court of Appeals · 1911
- Transcom, Inc. v. United StatesUnited States Court of International Trade · 2000
- Goodell v. RosettiAppellate Division of the Supreme Court of the State of New York · 2008
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