Legal Opinion

Wood v. . Rabe

New York Court of Appeals

Decided October 7, 1884PublishedCited by 143 opinions

Appeal from judgment of the General Term of the Superior " Court of the city of Hew York, entered upon an order made May 14, 1883, which affirmed a judgment in favor of defendants, entered upon a decision of the court on trial without a .pry- This action was brought to enforce an oral agreement between the plaintiff and his mother, Maria Mulock, the original defendant, in respect to certain real estate in the city of New York.

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Appeal from judgment of the General Term of the Superior " Court of the city of Hew York, entered upon an order made May 14, 1883, which affirmed a judgment in favor of defendants, entered upon a decision of the court on trial without a .pry- This action was brought to enforce an oral agreement between the plaintiff and his mother, Maria Mulock, the original defendant, in respect to certain real estate in the city of New York. The facts upon which the controversy depends, as disclosed by the findings and evidence, are substantially as follows: The defendant Maria Mulock was the daughter of…

1Opinion of the CourtAndrews, J.

The trial court found, in substance, that no agreement was ever made between the plaintiff and his mother, that the latter should use the judgment confessed by the plaintiff to her November 27, 1855, to redeem the premises from the sale on the S til well judgment for the plaintiff’s benefit, or that after such redemption she would convey the interest which" she should acquire thereby to the plaintiff on payment of her claims on the property. This finding, although among the findings of fact, must have been intended as a finding of law, and to embody the conclusion reached by the General Term…

2Cases cited6 opinions

  1. Ryan v. . DoxNew York Court of Appeals · 1866
  2. Levy v. . BrushNew York Court of Appeals · 1871
  3. Farnham v. CampbellNew York Court of Chancery · 1844
  4. Sanford v. HuxfordMichigan Supreme Court · 1875
  5. Van Rensselaer v. Sheriff of OnondagaNew York Supreme Court · 1823

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3Cited by143 opinions

  1. Brown v. LockwoodAppellate Division of the Supreme Court of the State of New York · 1980
  2. Quinn v. PhippsSupreme Court of Florida · 1927
  3. Burns v. . McCormickNew York Court of Appeals · 1922
  4. Sinclair v. . PurdyNew York Court of Appeals · 1923
  5. Brison v. BrisonCalifornia Supreme Court · 1888

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