Kip v. Deniston
New York Supreme Court
THIS was an action for money had and received, brought against the defendant, as survivor of Isaac Van Vleck, to recover the intestate’s proportion of monies raised by the sales of certain lands, and alleged to have been received by the defendant and Van Vleck, under an authority vested in them, and two other persons, under the following circumstances: By an indenture, dated the 6th January, 1795, to which the intestate, the defendant, and others, were parties, it was…
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THIS was an action for money had and received, brought against the defendant, as survivor of Isaac Van Vleck, to recover the intestate’s proportion of monies raised by the sales of certain lands, and alleged to have been received by the defendant and Van Vleck, under an authority vested in them, and two other persons, under the following circumstances: By an indenture, dated the 6th January, 1795, to which the intestate, the defendant, and others, were parties, it was agreed, that the parties were entitled to lands therein mentioned, for which the lands, by the sale of which the money in…
1Per curiam
There is no pretence to charge the defendant in this case. His counsel, by the points which they have raised and submitted to the court, have properly omitted to urge, as a ground of defence, the deed of 1736. The indenture of 1795 concludes the parties from setting up any right under that old dormant deed, if it was (and which we do not admit) admissible in evidence as an ancient deed without proof. But the true and solid ground of- defence is, that if two trustees for the sale of an estate join in the conveyance, and that conveyance includes a receipt for the consideration money, one…
2Cited by8 opinions
- Ormiston v. . OlcottNew York Court of Appeals · 1881
- Pate v. JohnsonSupreme Court of Arkansas · 1854
- In re WesterfieldAppellate Division of the Supreme Court of the State of New York · 1900
- Scoby v. BlanchardSuperior Court of New Hampshire · 1825
- Lacey v. DavisNew York Surrogate's Court · 1881
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