Washburn v. Benedict
Appellate Division of the Supreme Court of the State of New York
Appeal from equity term, Ontario county. Action by Myron Washburn and another against Robert R. Benedict, as administrator, etc., to set aside assignments of a mortgage, and recover payments made thereon. From a judgment dismissing the complaint on its merits, plaintiffs appeal. Affirmed.
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Appeal from equity term, Ontario county. Action by Myron Washburn and another against Robert R. Benedict, as administrator, etc., to set aside assignments of a mortgage, and recover payments made thereon. From a judgment dismissing the complaint on its merits, plaintiffs appeal. Affirmed. Myron F. Washburn, in 1872, owned a farm in the town of Gorham, in the county of Ontario, and in the month of April of that year he and his wife conveyed the same by warranty deed to their son, Ira G. Washburn, and this deed was recorded April 1, 1882. On April 1, 1877, the said Myron F. Wash-burn and wife…
1Opinion of the CourtSpring, J.
By the deed from his father in 1872, the title to the farm in question became vested in Ira G. Washburn. The subsequent deed did not destroy his title. He and his wife are both grantees in that conveyance, and her interests are specifically defined therein to be $5,000, which was her contribution towards the purchase price; that is, the title was still in Ira G. Washburn, if we give full effect to this conveyance, but subject to the lien thereon of $5,000 in recognition of her payment of that sum on the consideration. The fee of the land was, not vested in her, but, as the second deed was…
2Cases cited7 opinions
- Terry v. . MungerNew York Court of Appeals · 1890
- Moller v. . TuskaNew York Court of Appeals · 1881
- Field v. SchieffelinNew York Court of Chancery · 1823
- Deobold v. . OppermannNew York Court of Appeals · 1888
- Kirsch v. . TozierNew York Court of Appeals · 1894
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3Cited by2 opinions
- Olson v. Modern Woodmen of AmericaSupreme Court of Iowa · 1917
- Birmingham Trust & Savings Co. v. StrongSupreme Court of Alabama · 1939