Chadwick v. . Fonner
New York Court of Appeals
Appeal from judgment of the - General Term of the Supreme Court in the fourth judicial department, affirming a judgment in favor of plaintiff, entered upon the report of a referee.
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Appeal from judgment of the - General Term of the Supreme Court in the fourth judicial department, affirming a judgment in favor of plaintiff, entered upon the report of a referee. (Reported, 6 Hun, 543.) This action was commenced by John Johnson, John Chadwick and David Sherman, against John Fonner and wife, and heirs of Jesse F. Locke, deceased, to compel them to convey to the plaintiff, John Johnson, twelve acres of land in the town of Wheatland, in the county of Niagara, which land, it was claimed by the plaintiffs, Jesse F. Locke had sold by parol to said Johnson in his life-time, and…
1Opinion of the CourtEarl, J.
I entertain no doubt that the admissions of Locke while he held the title to the land, were competent evidence against bis heirs, and all persons claiming title under or through him. If he had been living and defendant in this action, they would have been competent against him. And whenever the admissions of one having or claiming title to real estate would thus be competent against him, they are competent against persons subsequently deriving title through or from him. (Jackson v. Bard, 4 J. R, 230; Pitts v. Wilder, 1 N. Y., 525; Abeel v. Von Gelder, 36 id., 513; Vrooman v. King, 36 id.,…
2Cases cited2 opinions
- Mattoon v. . YoungNew York Court of Appeals · 1871
- Pitts v. . WilderNew York Court of Appeals · 1848
3Cited by23 opinions
- Smith v. Moore.Supreme Court of North Carolina · 1906
- Waterman v. MoodySupreme Court of Vermont · 1918
- Holden v. AlexanderAppellate Division of the Supreme Court of the State of New York · 1972
- Beisheim v. PeopleNew York Supreme Court · 1942
- Leary v. CorvinAppellate Division of the Supreme Court of the State of New York · 1901
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