Moyer v. Moyer
New York Supreme Court
Appeal from a judgment in favor of the plaintiff, entered on the report of a referee. The action was brought to enforce an oral trust, upon which, it was claimed, a farm had been conveyed to the defendant.
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Appeal from a judgment in favor of the plaintiff, entered on the report of a referee. The action was brought to enforce an oral trust, upon which, it was claimed, a farm had been conveyed to the defendant. The referee found that the defendant was a trustee ex maleficio, and ordered a conveyance to the plaintiff of an undivided tenth interest in the lands described in the complaint, subject to the dower of Catharine Moyer, and subject to her life estate in three thirteenths, and subject to an equivalent portion of an outstanding mortgage of $1,500. In September, 1859, Simpson Moyer, the father…
1Opinion of the Court
Hardin, J.:
There was evidence tending to support all the findings of fact made by the referee, and we do not see any occasion to disturb the report in respect to the facts found.
It must be assumed that the parol agreement in.respect to the lands was void at law and in equity. (Wheeler v. Reynolds, 66 N. Y., 236 ; Morrill v. Cooper, 65 Barb., 519; Lathrop v. Hoyt, 7 id., 59.)
If the plaintiff’s case rested alone upon a parol promise to hold the property until the youngest child of his father should become of age, and then convey it to the children, we should be called upon to say that a court…
2Cases cited6 opinions
- Ryan v. . DoxNew York Court of Appeals · 1866
- Wheeler v. . ReynoldsNew York Court of Appeals · 1876
- Levy v. . BrushNew York Court of Appeals · 1871
- Foote v. FooteNew York Supreme Court · 1870
- Carpenter v. OttleyNew York Supreme Court · 1870
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