Wheeler v. Wheeler
New York Supreme Court
Appeal from a judgment rendered in favor of plaintiff on a trial before the court without a jury. The facts appear in the opinion.
1Opinion of the Court
By the Court
Johnson, J.
The action was ejectment, and the plaintiff on the trial established a perfect legal tide in himself to the premises in question, by means of a purchase by him at a public sale of the premises, in proceedings for the partition or sale thereof, and a conveyance in pursuance of such purchase. The defendant was in possession of the. portion of the premises described in the complaint, claiming’ to be the equitable owner thereof, by virtue of a contract between him and the plaintiff, entered into between them before the purchase by the latter at the public sale, and that he…
2Cases cited3 opinions
- Doolin v. WardNew York Supreme Court · 1810
- Thompson v. DaviesNew York Supreme Court · 1816
- Sharp v. WrightNew York Supreme Court · 1861
3Cited by5 opinions
- Brown v. First National BankIndiana Supreme Court · 1894
- Third National Exchange Bank v. SmithNew Mexico Supreme Court · 1912
- Dressel v. HanserNew York Supreme Court · 1917
- In re the Judicial Settlement of the Intermediate Account of Proceedings of RhinelanderAppellate Division of the Supreme Court of the State of New York · 1942
- McCallum v. GrossmanNew York Marine Court · 1883