Hutchins v. . Van Vechten
New York Court of Appeals
Appeal from so much of an order of the General Term of the Supreme Court in the first judicial department, made November 18, 1892, as denied a motion for a new trial by defendant, on appeal from an interlocutory judgment, under section 1001 of the Code of Civil Procedure.
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Appeal from so much of an order of the General Term of the Supreme Court in the first judicial department, made November 18, 1892, as denied a motion for a new trial by defendant, on appeal from an interlocutory judgment, under section 1001 of the Code of Civil Procedure. This action was brought to have defendant adjudged as holding certain real estate in trust for the joint benefit of himself and Waldo Hutchins, plaintiff’s testatrix, and to require him to account for the rents, issues and profits of said premises, and pay over the amount adjudged to be due plaintiff. The facts, so far as…
1Opinion of the CourtO’Brien, J.
The judgment in favor of the plaintiff in the ■courts below adjudges that the defendant, under a deed of conveyance to him by Eeuben E. Fenton on the 23d day of December, 1870, of certain lands in the county of Chautauqua, then became and was, and ever since has been, seized and possessed thereof, and of the proceeds, rents, issues and profits, in trust for Waldo Hutchins, the plaintiff’s testator, to the extent of an equal undivided one-half part thereof as tenants in common. It appearing that the defendant, before the commencement of the action, had sold the land, the title to which he held…
2Cases cited7 opinions
- Crane v. . PowellNew York Court of Appeals · 1893
- Wadd v. . HazeltonNew York Court of Appeals · 1893
- Loring v. PalmerSupreme Court of the United States · 1886
- Urann v. CoatesMassachusetts Supreme Judicial Court · 1872
- Wright v. . DouglassNew York Court of Appeals · 1853
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3Cited by26 opinions
- Sinclair v. . PurdyNew York Court of Appeals · 1923
- Reed v. . McCordNew York Court of Appeals · 1899
- Roslyn Friedman, Individually and for All Other Persons Similarly Situated v. William MeyersCourt of Appeals for the Second Circuit · 1973
- In Re the Accounting of BrownNew York Court of Appeals · 1930
- In re MeekerNew York Surrogate's Court · 1929
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