Brown v. Brown
New York Supreme Court
Appeal from a judgment, entered in Monroe county upon tbe report of a referee, requiring tbe defendants, heirs-at-law and widow of Anson Brown, deceased, to convey and release lands described in tbe complaint to tbe plaintiff. Anson Brown, tbe testator, died June 17, 1879, leaving him surviving bis widow Almira Brown, bis daughter Mary Brown, and bis sons Hiram Brown, tbe defendant, and Eugene Brown, tbe plaintiff.
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Appeal from a judgment, entered in Monroe county upon tbe report of a referee, requiring tbe defendants, heirs-at-law and widow of Anson Brown, deceased, to convey and release lands described in tbe complaint to tbe plaintiff. Anson Brown, tbe testator, died June 17, 1879, leaving him surviving bis widow Almira Brown, bis daughter Mary Brown, and bis sons Hiram Brown, tbe defendant, and Eugene Brown, tbe plaintiff. On tbe 11th day of June, 1879, six days before his death, be made and published bis last will and testament, wherein be devised tbe use of bis farm to bis wife Almira, during her…
1Opinion of the Court
HaediN, J.:
■ The learned referee is correct when he states in his opinion, viz.: “ It is necessary, in order to take a case out of the statute of frauds on the ground of part performance of the contract; that the existence of the contract should be made out by clear and satisfactory proof, and that the aot of perfordinance is of the identical contract f and, also, in saying: “ The general language of the books is that part performance will not take a parol agreement out of the statute unless the terms of the agreement.distinctly appear or are made out to the satisfaction of the court.”…
2Cases cited10 opinions
- Ryan v. . DoxNew York Court of Appeals · 1866
- Purcell v. MinerSupreme Court of the United States · 1867
- Robinson v. . RaynorNew York Court of Appeals · 1863
- Parkhurst v. Van CortlandtNew York Court of Chancery · 1814
- Twiss v. GeorgeMichigan Supreme Court · 1876
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