Foote v. . Bryant
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme ■ Court in the third judicial department, affirming a judgment in favor of plaintiff, entered upon report of a referee. This was an action in equity in effect to remove a cloud from the title to certain premises in Chenango county, claimed to belong equitably to the plaintiff, but which was claimed to be owned by the defendants under legal title.
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Appeal from judgment of the General Term of the Supreme ■ Court in the third judicial department, affirming a judgment in favor of plaintiff, entered upon report of a referee. This was an action in equity in effect to remove a cloud from the title to certain premises in Chenango county, claimed to belong equitably to the plaintiff, but which was claimed to be owned by the defendants under legal title. Previous to the year 1844, the premises described in the plaintiff’s complaint were conveyed to Luther Foote, the husband of the plaintiff. The consideration therefor was mainly paid by the…
1Opinion of the Court
Church, Ch. J.
Trusts relating to real estate cannot be created by parol (2 R. S., 135, § 6); but implied trusts or those arising by operation of law are not included in the prohibition. (Id., § 7.) This statute does not preclude a party from establishing any implied or resulting trust known or recognized by the common-law. They arise usually from the acts or relation of the parties to the property involved, and not upon parol agreements. The general principles of equity and good conscience applied to certain situations and acts of the parties are used to raise presumptions of intention, and…
2Cases cited2 opinions
- Ryan v. . DoxNew York Court of Appeals · 1866
- Siemon v. . SchurckNew York Court of Appeals · 1864
3Cited by32 opinions
- O'Connor v. IrvineCalifornia Supreme Court · 1887
- Logan v. BrownSupreme Court of Oklahoma · 1908
- Randall v. ConstansSupreme Court of Minnesota · 1885
- Hyde v. ChapmanWisconsin Supreme Court · 1873
- Davenport v. StephensWisconsin Supreme Court · 1897
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