Mattoon v. Young
New York Supreme Court
Appeal from a judgment in favor of the defendant, except as against Prudence Mattoon, entered upon the report of a referee. In 1845, John Mattoon, the owner in fee simple of the premises for the recovery of which this suit is brought, conveyed the same to his son, James Mattoon, to hold the same during the natural life of John, the grantor.
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Appeal from a judgment in favor of the defendant, except as against Prudence Mattoon, entered upon the report of a referee. In 1845, John Mattoon, the owner in fee simple of the premises for the recovery of which this suit is brought, conveyed the same to his son, James Mattoon, to hold the same during the natural life of John, the grantor. In 1849, James Mattoon’s interest was sold by the sheriff, upon a judgment which had become a lien upon his realty in that year, to one Cook, who assigned the certificate of sale to one Sherwin. The case has already been before the Court of Appeals, and…
1Opinion of the Court
Bockes, J.:
When this case was in the Court of Appeals, * the question of estoppel was considered, based on the offer of proof as to what occurred between plaintiff’s intestate, John Mattoon and Henry P. Cook, at the time of the purchase of the premises by the latter at sheriff’s sale under judgment and execution against James Mattoon. The offer of proof was this: that John Mattoon was present at the sheriff’s sale and stated publicly to bidders, and in the hearing of Cook the purchaser, that he (John) had no interest in the premises; that the entire title was in James, and whoever purchased…
2Cases cited7 opinions
- Plumb v. . Cattaraugus Co. Mutual Insurance Company.New York Court of Appeals · 1858
- Wood v. . SeelyNew York Court of Appeals · 1865
- Tilton v. NelsonNew York Supreme Court · 1857
- Mattoon v. . YoungNew York Court of Appeals · 1871
- Favill v. . RobertsNew York Court of Appeals · 1872
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