Legal Opinion

Baker v. . Bliss

New York Court of Appeals

Decided March 5, 1868PublishedCited by 38 opinions

This action was brought to declare and enforce a resulting trust, in favor of the Plaintiff, as the judgment-creditor of the Defendant, Joseph A. Bliss, against certain real estate in the hands of the Defendant Pinner.

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This action was brought to declare and enforce a resulting trust, in favor of the Plaintiff, as the judgment-creditor of the Defendant, Joseph A. Bliss, against certain real estate in the hands of the Defendant Pinner. On the seventeenth of November. 1859, the Plaintiff recovered a judgment, in the Supreme Court, against Joseph A. Bliss, Defendant, and his copartners (comprising the firm of Bliss, Owen & Go.), on a note of the firm dated February 1st, 1858, for $909.49. The firm had been in business at Tonawanda, where Bliss and Pinner both resided on the sixth of July, 1857. Bliss bought a…

1Opinion of the Court

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] It is declared, by 1 Revised Statutes, 728 (§ 51), that "where a grant for a valuable consideration shall be made by one person, and the consideration therefor shall be paid by another, no use or trust shall result in favor of the person by whom such payment shall be made; but the title shall vest in the person as named the alienee in such conveyance, subject only to the provisions of the next section." The next section (§ 52) provides that "every such…

2Cases cited4 opinions

  1. Harris v. Carter's AdministratorsSupreme Court of Alabama · 1830
  2. Frazer v. WesternNew York Court of Chancery · 1845
  3. Nickelson v. WilsonNew York Court of Appeals · 1875
  4. Hinde v. VattierU.S. Circuit Court for the District of Ohio · 1830

3Cited by38 opinions

  1. Fidelity & Deposit Co. v. Queens County Trust Co.New York Court of Appeals · 1919
  2. Parker v. . ConnerNew York Court of Appeals · 1883
  3. Stearns v. . GageNew York Court of Appeals · 1879
  4. Kirsch v. . TozierNew York Court of Appeals · 1894
  5. Mayer v. . MonzoNew York Court of Appeals · 1917

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