Young v. . Overbaugh
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made January 13, 1894, which reversed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term and granted a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. There has never been a consummated gift.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made January 13, 1894, which reversed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term and granted a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. There has never been a consummated gift. (Cooley v. Lobdell, 82 Hun, 98; Eason v. Eason, 61 Tex. 225; Dunphy v. Ryan, 116 U. S. 491; Lydeck v. Holland, 38 Mo. 703; Colgrove v. Solomon, 34 Mich. 494.) The rent of the property is a full…
1Opinion of the CourtGray, J.
The plaintiff brought ejectment to recover the possession of land and a dwelling thereon, occupied by the defendant and her husband. It was conceded that. the legal title was in plaintiff’s testator, at the time of his death; but the defendant claimed that she was the owner of the equitable title to the premises, by reason of promises made by the plaintiff’s testator to her and of acts done by her in reliance upon those promises.
The facts do not seem to be disputed; but, upon the find ings made at the trial term with respect to the facts, the learned judge presiding thereat and the learned…
2Cases cited1 opinion
- Freeman v. . FreemanNew York Court of Appeals · 1870
3Cited by16 opinions
- Susquehanna Steamship Co. v. A. O. Andersen & Co.New York Court of Appeals · 1925
- Quaid v. RatkowskyAppellate Division of the Supreme Court of the State of New York · 1918
- City of New York v. New York & South Brooklyn Ferry & Steam Transportation Co.New York Court of Appeals · 1921
- City of N.Y. v. . N.Y. S.B. Ferry S.T. Co.New York Court of Appeals · 1921
- Faircloth v. . KenlawSupreme Court of North Carolina · 1914
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