Benedict v. Higgins
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Arthur 0. Higgins and another, as administrators, etc., from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Delaware on the 26th day of December, 1913, upon the decision of the court after a trial before the court without a jury.
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Appeal by the defendants, Arthur 0. Higgins and another, as administrators, etc., from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Delaware on the 26th day of December, 1913, upon the decision of the court after a trial before the court without a jury. The judgment determined that certain real property of the plaintiff, described in the complaint herein, was exempt from sale under an execution because bought with pension money and canceled a sheriff’s certificate of sale as a cloud upon the title to such real property, and…
1Opinion of the Court
Howard, J.:
The plaintiff in this action is a veteran of the Civil war. In 1903 he began to draw a pension. On the 13th day of December, 1906, he entered into a contract for the purchase of the property in- question agreeing at that time to pay $10 a month, together with the interest at the rate of five per cent until the property should be paid for. At the time this contract of sale was entered into the plaintiff was drawing exactly $10 a month pension from the government. He paid down on the property, at the time the contract was made, $225. • The purchase price was $900. On November 19,…
2Cases cited3 opinions
- Yates County National Bank v. CarpenterNew York Court of Appeals · 1890
- Toole v. Board of SupervisorsAppellate Division of the Supreme Court of the State of New York · 1897
- Tyler v. BallardNew York Supreme Court · 1900
3Cited by11 opinions
- Surace v. DannaNew York Court of Appeals · 1928
- Patrikes v. J. C. H. Service Stations, Inc.City of New York Municipal Court · 1943
- In re the Estate of McCormickNew York Surrogate's Court · 1938
- Omega Industries, Inc. v. RaffaeleDistrict Court, D. Nevada · 1995
- Claim of Di Donato v. RosenbergAppellate Division of the Supreme Court of the State of New York · 1927
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