Holland v. . Brown
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made February 4, 1892, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. There is no fraud proven on the part of Eckert and the court will not presume fraud. (Howland v. Blake, 97 U. S. 626; 1 Story’s Eq.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made February 4, 1892, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. There is no fraud proven on the part of Eckert and the court will not presume fraud. (Howland v. Blake, 97 U. S. 626; 1 Story’s Eq. Juris. §§ 152, 156, 161; Nevens v. Dunlap, 33 N. Y. 680 ; Wilson v. Deane, 74 id. 531; Huchbed v. Schuealy, 27 N. Y. S. R. 14;…
1Opinion of the CourtO’Brien, J.
This action was brought by the testatrix of the present plaintiff in her lifetime for the purpose of reforming a deed executed by her on the 9th day of June, 1869, of certain lands under water on the shores of Jamaica bay at Bockaway Beach to one Henry Eckert, which the defendant afterwards purchased at a sale upon judgment and execution against the Oceanus Club. The following facts were found or proved upon the trial: About the time when the deed was made, Eckert, in behalf of the club which was about to become incorporated, applied to the decedent to purchase a small piece of her water…
2Cases cited5 opinions
- Phelan v. . BradyNew York Court of Appeals · 1890
- Cook v. . TravisNew York Court of Appeals · 1859
- Seymour v. . McKinstryNew York Court of Appeals · 1887
- Trustees of the Freeholders & Commonalty v. KirkNew York Court of Appeals · 1881
- Becker v. Van ValkenburghNew York Supreme Court · 1858
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- Miles v. De SapioAppellate Division of the Supreme Court of the State of New York · 1983
- Ward v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1897
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