Curtis v. Murphy
The Superior Court of the City of New York and Buffalo
Exceptions taken at a jury term, ordered to be heard in the first instance at. the general term. Action of ejectment by Clara Isabelle Curtis and others, children of Clarissa. E. Curtis, against Ann Murphy and others. The land for which the action was brought was held in fee, in 1885, by one Wagstaff, who conveyed to one Diamond, taking from the latter a purchase-money mortgage.
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Exceptions taken at a jury term, ordered to be heard in the first instance at. the general term. Action of ejectment by Clara Isabelle Curtis and others, children of Clarissa. E. Curtis, against Ann Murphy and others. The land for which the action was brought was held in fee, in 1885, by one Wagstaff, who conveyed to one Diamond, taking from the latter a purchase-money mortgage. Through mesne conveyances subject to the mortgage, the land was conveyed to Clarissa E. Curtis; and, in 1887, she and her husband conveyed to Eliza Eacey, her heirs- and assigns, in trust that the latter and her heirs…
1Opinion of the CourtFreedman, J.
This is an action of ejectment. At the trial the court directed a verdict for the defendants, and ordered plaintiffs’ exceptions to bo heard in the first instance at general term. In the case of Townshend v. Frommer, 5 N. Y. Supp. 442, in which, with an exception, to which reference will be shortly made, the facts were almost identical, it was held by the general term of this court that the children of Mrs. Curtis, at the time of the foreclosure suit, had no estate whatever in the lands in question, but only a contingent equitable right, under a power in trust, to call for the execution of…
2Cases cited1 opinion
- Townshend v. FrommerThe Superior Court of the City of New York and Buffalo · 1889