Glen v. Gibson
New York Supreme Court
Trover for a quantity of lumber, tried at the Steuben circuit in September, 1848. The plaintiffs claimed title to the lumber, as being the owners in trust, and having the legal title to a tract of land in the town of Catón, Steuben county, from which the trees -were cut, out of which the lumber in question was made; and for that purpose gave in evidence an instrument in writing dated 10th July, 1839, executed by the plaintiffs, reciting that by a decree of Baltimore county…
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Trover for a quantity of lumber, tried at the Steuben circuit in September, 1848. The plaintiffs claimed title to the lumber, as being the owners in trust, and having the legal title to a tract of land in the town of Catón, Steuben county, from which the trees -were cut, out of which the lumber in question was made; and for that purpose gave in evidence an instrument in writing dated 10th July, 1839, executed by the plaintiffs, reciting that by a decree of Baltimore county court, sitting in equity, bearing date 25th February, 1839, in a case therein pending between John Thomas, Andrew Layton…
1Opinion of the Court
By the Court, Welles, P. J.
The plaintiffs entirely failed to show title in themselves to the lands upon which the trees grew and were cut, out of which the lumber was made, for the conversion of which, the action was brought. Upon the death of Oliver, the trustee, in 1834, the trust estate did not descend to his heirs, or pass to his personal representatives; but the trust, being then unexecuted, the estate vested in the court of chancery of this state, and could only be executed by some person appointed for that purpose, under the direction of that court. (1 R. iS. 730, § 68.) The…
2Cases cited1 opinion
- Jackson ex dem. Brown v. AyersNew York Supreme Court · 1817
3Cited by4 opinions
- Willson v. CleavelandCalifornia Supreme Court · 1866
- Knapp v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1910
- Arcady Camps, Inc. v. BerryAppellate Division of the Supreme Court of the State of New York · 1923
- Brown's AccountingNew York Surrogate's Court · 1874