Hopkins v. . Wolley
New York Court of Appeals
Appeal from order of General Term of the Supreme Court, in the third judicial department, affirming order of Special Term denying a motion to confirm the referee’s report of sale herein and ordering a resale in a different order. This was an action to foreclose the lien of a legacy given by the will of Ira Staples, deceased, to plaintiff’s intestate and charged upon his real estate which was devised to the testator’s two sons, Samuel and David S. Staples.
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Appeal from order of General Term of the Supreme Court, in the third judicial department, affirming order of Special Term denying a motion to confirm the referee’s report of sale herein and ordering a resale in a different order. This was an action to foreclose the lien of a legacy given by the will of Ira Staples, deceased, to plaintiff’s intestate and charged upon his real estate which was devised to the testator’s two sons, Samuel and David S. Staples. The land devised contained about 361 acres; the devisees entered into possession about 1833, and in 1837 David S. Staples conveyed all his…
1Opinion of the CourtRapallo, J.
This case appears to have been very carefully examined at General Term, where an elaborate opinion was given by Bocees, J. On the first point discussed in the opin ion we deem it unnecessary to say more than that we concur with the learned j udge in holding that, in the absence of any circumstance showing a contrary intent, the reconveyance by William D. Wolley to Samuel Staples of 180 acres, out of the larger tract, said to contain 361 acres, which Wolley had previously conveyed to Staples, constituted the land remaining in the hands of Wolley the primary fund for the payment of the…
2Cited by6 opinions
- Gregory v. ArmsIndiana Court of Appeals · 1911
- Connelly v. . O'ConnorNew York Court of Appeals · 1889
- Dorff v. BornsteinNew York Court of Appeals · 1938
- Fletcher v. ChamberlinSupreme Court of New Hampshire · 1881
- Hubbard v. KnightNebraska Supreme Court · 1897
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