Culross v. . Gibbons
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made October 1, 1889, which affirmed a judgment entered upon the report of a referee dismissing plaintiff’s complaint. The nature of the action and the facts, so far as material, are stated in the opinion. If any valid trust was created, it was created by the plaintiff.
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Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made October 1, 1889, which affirmed a judgment entered upon the report of a referee dismissing plaintiff’s complaint. The nature of the action and the facts, so far as material, are stated in the opinion. If any valid trust was created, it was created by the plaintiff. (3 R. S. 2189, § 75.) The deed from the plaintiff to the defendant Gibbons, and the declaration of trust by the latter should be set aside and canceled, and the said defendant be directed to reconvey the…
1Opinion of the CourtParker, J.
By this suit in equity, it. was sought to compel the defendant Arthur J. Gibbons, to convey to the plaintiff certain real estate, the legal estate of which was vested in him under the following circumstances:
Prior to the 13th of December, 1876, James B. Culross, the husband of the plaintiff, was the owner of the major portion of such real estate, and by deed of that date, in which his wife joined, he quit-claimed it to Thomas P. O’Kelley, an ¡attorney .at law.; O’Kelley quit-claimed the same premises to the plaintiff by deed dated the fourteenth of the same month; the plaintiff, by deed of…
2Cases cited4 opinions
- Supervisors of Onondaga v. BriggsNew York Supreme Court · 1846
- People Ex Rel. Myers v. . BarnesNew York Court of Appeals · 1889
- Underwood v. . CurtisNew York Court of Appeals · 1891
- Matter of the Petition of LivingstonNew York Court of Appeals · 1866
3Cited by39 opinions
- Bannon v. BannonNew York Court of Appeals · 1936
- Williams v. . BarkleyNew York Court of Appeals · 1900
- People Ex Rel. McCabe v. . MatthiesNew York Court of Appeals · 1904
- Hannon v. MaddenCalifornia Supreme Court · 1931
- State v. CorronSupreme Court of New Hampshire · 1905
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