Graves v. . Deterling
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made July 23,1886, which affirmed a judgment in favor of defendants entered upon a decision of the court on trial at Special Term. This action was brought to procure a decree that the title to certain premises in the city of Brooklyn is in the plaintiffs -; to require the defendants to surrender the possession thereof, and for other relief.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made July 23,1886, which affirmed a judgment in favor of defendants entered upon a decision of the court on trial at Special Term. This action was brought to procure a decree that the title to certain premises in the city of Brooklyn is in the plaintiffs -; to require the defendants to surrender the possession thereof, and for other relief. In 1847, one Bern Lefferts owned about seventy-two acres of land in Brooklyn, known as the Clover Hill farm, which included the premises…
1Opinion of the CourtYank, J.
In 1847 the equitable title to the Clover Hill farm was in Rosewell Graves by virtue of his contract for the' purchase thereof with Rem Lefferts, who thereupon held the title in trust for the purchaser. (Stoddard v. Whiting, 47 N. Y. 627, 632.) On the 6th of November, 1852, by various conveyances made by Lefferts at the request of Graves, both the legal and equitable title to the entire tract, except the park, had passed to the several grantees, each of whom had acquired an easement in the park for the benefit of his lot. When the park itself was conveyed, neither Lefferts nor Graves had any…
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