Foote v. Foote
New York Supreme Court
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 were claimed by the defendants to be owned by them under legal title. The action was referred to a sole referee, who reported in favor of the plaintiff.
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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 were claimed by the defendants to be owned by them under legal title. The action was referred to a sole referee, who reported in favor of the plaintiff. The facts will sufficiently appear in his report, which is as follows: That previous-to the year 1844, the premises described in the plaintiff’s complaint were conveyed to Luther Foote, the husband of the plaintiff, and that the consideration therefor was mainly paid by the…
1Opinion of the Court
By the Court, Potter, J.
George L. Foote, by agreement, held the premises in question, without having paid any consideration therefor, for the benefit of the plaintiff, the plaintiff originally having paid, mainly, all the consideration that had ever been paid therefor—that is, by paying a mortgage that had been thereon. There are no creditors whose rights are involved in the case. The de*261fendants can claim no better title than George L. Foote held to the premises.
The defendants now claim that George L. Foote, at the time of his death, was the lawful owner of the said premises, and that upon…
2Cases cited2 opinions
- Ryan v. . DoxNew York Court of Appeals · 1866
- Siemon v. . SchurckNew York Court of Appeals · 1864
3Cited by9 opinions
- Silvey v. HodgdonCalifornia Supreme Court · 1877
- In re the Estate of PothNew York Surrogate's Court · 1935
- Marie v. GarrisonThe Superior Court of New York City · 1883
- Reece v. RoushMontana Supreme Court · 1877
- Lewis v. LindleyMontana Supreme Court · 1897
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