Dixey v. Dixey
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Henry E. Dixey, from a judgment of the Supreme Court, entered in the office of the clerk of the county of Nassau on the 15th day of September, 1920, on the report of a referee appointed to hear and determine the whole issues, adjudging that plaintiff recover possession of the family residence in Piándome, with damages for withholding possession.
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Appeal by the defendant, Henry E. Dixey, from a judgment of the Supreme Court, entered in the office of the clerk of the county of Nassau on the 15th day of September, 1920, on the report of a referee appointed to hear and determine the whole issues, adjudging that plaintiff recover possession of the family residence in Piándome, with damages for withholding possession. About five years ago defendant turned over to plaintiff $4,000 in cash to purchase a residence in Piándome, Nassau county, from which she made payments for the property. The title was taken in her name. Both shared in the…
1Opinion of the Court
Putnam, J.:
Tins appeal turns on the effect of the certificate, of the husband’s half interest, which has not been withdrawn or *354annulled. Instead of seeking to disaffirm it, she makes a point that this paper was a mark of her fairness and good will toward her husband. Thus she wrote: “ I am willing to meet you more than half way. I showed that when I willingly gave you a paper, saying you owned half the house.” This proves that the certificate was subscribed and delivered to attest and confirm the reality of defendant’s half ownership. No third persons are involved. As between Mr. and Mrs.…
2Cases cited3 opinions
- Phillips v. . GorhamNew York Court of Appeals · 1858
- Strough v. . WilderNew York Court of Appeals · 1890
- Gilman v. . GilmanNew York Court of Appeals · 1888
3Cited by3 opinions
- Coates v. ColemanSupreme Court of Rhode Island · 1947
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