Wheeler v. Wheeler
New York Supreme Court
Appeal from special term, Yates county. Action for specific performance of a contract for the sale of land, brought by George C. Wheeler against Horace H. Wheeler. Plaintiff purchased the land from Ephraim Wheeler, his father, and defendant is also a son of said Ephraim Wheeler. Judgment for plaintiff, and defendant appeals.
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Appeal from special term, Yates county. Action for specific performance of a contract for the sale of land, brought by George C. Wheeler against Horace H. Wheeler. Plaintiff purchased the land from Ephraim Wheeler, his father, and defendant is also a son of said Ephraim Wheeler. Judgment for plaintiff, and defendant appeals. Code Civil Proc. § 829, provides that a party to an action shall not be examined as a witness in his own behalf, against a person deriving his title from a deceased person, concerning a personal transaction between the witness and the deceased person.
1Opinion of the CourtBarker, P. J.
The plaintiff and the defendant are the sons of Ephraim Wheeler, who died intestate in 1881, the owner of the premises described in the complaint, containing 43 acres. In 1875, the deceased, by an instrument in writing, agreed to sell and convey the said lands to the plaintiff. The premises were incumbered by two mortgages, amounting in the aggregate to $2,034; which the plaintiff agreed to pay and discharge, and save the vendor harmless therefrom. On such payment being made, 30 acres of the entire parcel was to be conveyed to the plaintiff by the warranty deed. As a further consideration,…
2Cases cited4 opinions
- Kortright v. . CadyNew York Court of Appeals · 1860
- Wood v. HitchcockNew York Supreme Court · 1838
- Roosevelt v. Bull's Head BankNew York Supreme Court · 1866
- Wilder v. SeelyeNew York Supreme Court · 1850
3Cited by3 opinions
- Werner v. TuchNew York Supreme Court · 1889
- Brayman v. StephensNew York Supreme Court · 1894
- Hall v. HartfordNew York Supreme Court · 1906