Guthrie v. Gardner
New York Supreme Court
Error from the Jefferson common pleas. An action of ejectment for the recovery of a small lot of land was commenced in the Jefferson common pleas, by Anna Waterman, now the wife of David Gardner, in which judgment was rendered in favor of the plaintiff. On the trial of the cause the plaintiff produced a deed of the premises in question, executed to her by one Abraham Jewett, bearing date 25th September, 1821, the plaintiff at that time being the wife of one Dan Waterman.
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Error from the Jefferson common pleas. An action of ejectment for the recovery of a small lot of land was commenced in the Jefferson common pleas, by Anna Waterman, now the wife of David Gardner, in which judgment was rendered in favor of the plaintiff. On the trial of the cause the plaintiff produced a deed of the premises in question, executed to her by one Abraham Jewett, bearing date 25th September, 1821, the plaintiff at that time being the wife of one Dan Waterman. The defendant claimed title to the premises under a sheriff’s sale, by virtue of a judgment and execution against Dan…
1Opinion of the Court
By the Court,
Nelson, Ch. J.
It is a general rule that if an estate be purchased in the name of one person, and the price paid with money belonging to another, it will be subject to a trust for him by whom the money was advanced, even without a declaration to that effect. Such resulting interest may be sold on execution and the legal title thereby transferred to the purchaser by virtue of the 29 Car. 2, c. 3, of which the 4th § of our statute of uses is a copy. 1 R. L. 74. Watson on Sheriffs, 209. 3 Johns. R. 216. 17. id. 356.
If the money be advanced by the father and the conveyance taken in…
2Cited by28 opinions
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- The Ocean National Bank v. . OlcottNew York Court of Appeals · 1871
- Smith v. StrahanTexas Supreme Court · 1856
- Cotton v. WoodSupreme Court of Iowa · 1868
- Shaffer v. FettyWest Virginia Supreme Court · 1887
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