Bockes v. . Lansing
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, affirming a judgment in favor of defendants, entered upon the report of a referee.
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Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, affirming a judgment in favor of defendants, entered upon the report of a referee. (Reported below, 13 Hun, 38.) The complaint alleged in substance, and the referee found, that on and prior to September 23, 1846, one George Webster was the owner of certain premises in Rensselaer county, which were described in the complaint; that on that day he executed to one David Russell an assignment of all his property, including said premises, for the benefit of creditors. That in May, 1847, said Russell…
1Opinion of the CourtRapallo, J.
We concur with the General Term in the view that this action cannot_ be maintained as an action to remove a cloud upon the plaintiffs’ title. The plaintiffs’ title is founded upon the assignment in trust from George Webster to David Russell executed and recorded in September, 1846, and the conveyance by Russell, the assignee, to Simeon D, Webster, under whom the plaintiffs claim. The defendants claim under a sale by a receiver appointed in proceedings against George Webster, founded upon a judgment recovered against him in October, 1846. This receiver’s sale and the deeds from him did not on…
2Cases cited1 opinion
- Lattin v. . McCartyNew York Court of Appeals · 1869
3Cited by24 opinions
- Moores v. . TownshendNew York Court of Appeals · 1886
- Mutual Life Insurance v. HollodayNew York Supreme Court · 1883
- Wisner v. Consolidated Fruit Jar Co.Appellate Division of the Supreme Court of the State of New York · 1898
- O'Donohue v. SmithAppellate Division of the Supreme Court of the State of New York · 1909
- Bussing v. . City of Mount VernonNew York Court of Appeals · 1910
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