Gardner v. . Ogden
New York Court of Appeals
Appeal from the Supreme Court. Action to avoid a deed as fraudulently obtained from the plaintiff, and to compel the defendant Smith to reconvey to the plaintiff the real estate therein described, or, as an alternative, that Smith and his co-defendant Ogden should pay the value of the land.
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Appeal from the Supreme Court. Action to avoid a deed as fraudulently obtained from the plaintiff, and to compel the defendant Smith to reconvey to the plaintiff the real estate therein described, or, as an alternative, that Smith and his co-defendant Ogden should pay the value of the land. Upon the trial before Mr. Justice Gould, the following facts.were proved: In and prior to the year 1853, the plaintiff, a resident of Troy, in this State, was the owner of sixteen lots of land in the city of Chicago, in the State of Illinois. He had, as early as the year 1851, employed the firm of Ogden,…
1Opinion of the CourtDavies, J.
The first question necessary to be considered is, whether the Supreme Court had jurisdiction of the subject matter of this action. That court, under the reorganization of the judicial system of this State, under the Constitution of 1846, succeeded .to all the powers of the Court of Chancery, and to all the jurisdiction which it possessed and was accustomed to exercise. This question caused embarrassment to the special term in this case; and it seemed to doubt its power to order in direct terms the defendants, or either of them, to reconvey the premises deeded by the plaintiff to Smith, on the…
2Cases cited10 opinions
- Massie v. WattsSupreme Court of the United States · 1810
- Seth v. CramerCourt for the Trial of Impeachments and Correction of Errors · 1825
- Mead v. Merritt & PeckNew York Court of Chancery · 1831
- Jewett v. . MillerNew York Court of Appeals · 1852
- Jackson v. Van DalfsenNew York Supreme Court · 1809
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3Cited by141 opinions
- Beatty v. . Guggenheim Exploration Co.New York Court of Appeals · 1919
- Quinn v. PhippsSupreme Court of Florida · 1927
- Trice v. ComstockCourt of Appeals for the Eighth Circuit · 1903
- Fowler v. . Bowery Savings BankNew York Court of Appeals · 1889
- Carpenter v. StrangeSupreme Court of the United States · 1891
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