Hensler v. Sefrin
New York Supreme Court
Appeal from a judgment in favor of the defendant, entered upon the trial of this action by the court without a jury, adjudging that the plaintiff holds the legal title to lots nine and ten, in the village of Tonawanda, in trust for the defendant and ordering her to convey the same to the defendant. The action was to recover possession of the two lots, and the defence was of an equitable character.
Read the full summary
Appeal from a judgment in favor of the defendant, entered upon the trial of this action by the court without a jury, adjudging that the plaintiff holds the legal title to lots nine and ten, in the village of Tonawanda, in trust for the defendant and ordering her to convey the same to the defendant. The action was to recover possession of the two lots, and the defence was of an equitable character. At the time the land was contracted to be sold to the defendant,-the legal title to the lots was held by Elizer Hart, as the receiver of the. Bank of Orleans. In pursuance of negotiations conducted…
1Opinion of the Court
Hardin, J. :
The husband of the plaintiff, on the 20th day of April, 1858, sold the premises in question, with eight other lots (three fenced in as one garden lot), to the defendant for the sum of $800, and entered into a written contract under seal for the whole ten lots with the defendant.
The defendant paid down, upon the contract, $700, and the other $100 he paid during the following year in work.
The defendant, immediately after consummating his purchase in April, 1858, entered into, possession of the whole ten lots, and continues to occupy them, claiming that he purchased and paid for the…
2Cases cited9 opinions
- Williamson v. . BrownNew York Court of Appeals · 1857
- Ryan v. . DoxNew York Court of Appeals · 1866
- Briggs v. . PartridgeNew York Court of Appeals · 1876
- Freeman v. . FreemanNew York Court of Appeals · 1870
- Lipe v. . EisenlerdNew York Court of Appeals · 1865
4 more not listed; retrieve them via the Exa API.