West v. . Bacon
New York Court of Appeals
Appeal from, a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 3, 1897, modifying, and affirming as modified, a judgment in favor of defendant entered upon a decision of the court on trial at Special Term. This action was brought to compel the defendant, as trustee of the plaintiff, to convey to the latter or his nominee the premises described in the complaint.
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Appeal from, a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 3, 1897, modifying, and affirming as modified, a judgment in favor of defendant entered upon a decision of the court on trial at Special Term. This action was brought to compel the defendant, as trustee of the plaintiff, to convey to the latter or his nominee the premises described in the complaint. Prior to Nov. 8, 1889, the plaintiff’s wife was the owner of said premises. On that day she transferred the same to one J. Adriance Bush. This conveyance she subsequently…
1Opinion of the CourtWerner, J.
In our view of this case it is unnecessary to determine whether the defendant' had either a general equitable lien or a specific attorney’s lien upon the lands described in the complaint. Any lien he may have had was expressly waived by his declaration of trust in which he says: “ I hold said property for the purposes expressed in said judgment, and in no other way;” and by the explicit provisions of ■ which he binds himself “ to convey the same to such person as said Stephen A. West may in writing direct, and to pay' over the proceeds of such sale to said Stephen A. West.”
The learned…
2Cited by10 opinions
- Matter of HeinsheimerNew York Court of Appeals · 1915
- Kaplan v. ReussAppellate Division of the Supreme Court of the State of New York · 1985
- Morey v. SchusterAppellate Division of the Supreme Court of the State of New York · 1913
- Matter of HollinsNew York Court of Appeals · 1910
- Marsano v. State Bank of AlbanyAppellate Division of the Supreme Court of the State of New York · 1967
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