Burhans v. Van Zandt
New York Supreme Court
In Enurry. On the 14th of August, 1816, Thomas Yan Zandt, being seised in fee of a block of ground in the city of Albany, bounded east by South Pearl-street, south by Beaver-street, west by Market-square, and north by the public market, executed a deed of trust, whereby, out of the great affection and love which he had for his sister Hannah Yan Antwerp, wife of Daniel L. Van Antwerp, and Alida Yan Antwerp, William V. Z. Van Antwerp, Henry Van Antwerp, Stephen Lush Yan…
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In Enurry. On the 14th of August, 1816, Thomas Yan Zandt, being seised in fee of a block of ground in the city of Albany, bounded east by South Pearl-street, south by Beaver-street, west by Market-square, and north by the public market, executed a deed of trust, whereby, out of the great affection and love which he had for his sister Hannah Yan Antwerp, wife of Daniel L. Van Antwerp, and Alida Yan Antwerp, William V. Z. Van Antwerp, Henry Van Antwerp, Stephen Lush Yan Antwerp, and Eliza Ann Van Antwerp, the children of his sister, and in consideration of such love and affection, as also for…
1Opinion of the Court
By the Court, Harris, J.
A question was raised upon the argument, in respect to the effect to be given to the decisions of the referee upon matters of fact. On the one side, it was claimed that such decisions, like those of a jury, or referees, in an action at law, should only be disturbed, when clearly against the weight of evidence, or in violation of law. On the other side, it is insisted that the report of the referee is to be considered as having the same effect as the report of a master or the decision of a vice chancellor, upon a reference of any matter for hearing and decision. So far…
2Cases cited2 opinions
- Jackson, ex dem. Bowen v. BurtonNew York Supreme Court · 1828
- Phelan v. KelleyNew York Supreme Court · 1841
3Cited by14 opinions
- Root v. WoolworthSupreme Court of the United States · 1893
- Sherman v. . KaneNew York Court of Appeals · 1881
- Brooks v. HydeCalifornia Supreme Court · 1869
- Wright v. TichenorIndiana Supreme Court · 1885
- Gregory v. City of LincolnNebraska Supreme Court · 1882
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