Stiles v. Stiles
New York Supreme Court
, This was a motion, at General Term, for a new trial upon a case and exceptions, under sub. 1, § 268 of the Code, as amended in 1867. Myron P. Stiles brought the action against Stephen and Philander Stiles, and Beeman, demanding reconveyance of a farm of 325 acres of land, in Ontario county, in Stephen’s possession, and, for rents and profits thereof; or, failing that relief, the sum of $3,500, with interest.
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, This was a motion, at General Term, for a new trial upon a case and exceptions, under sub. 1, § 268 of the Code, as amended in 1867. Myron P. Stiles brought the action against Stephen and Philander Stiles, and Beeman, demanding reconveyance of a farm of 325 acres of land, in Ontario county, in Stephen’s possession, and, for rents and profits thereof; or, failing that relief, the sum of $3,500, with interest. There was a trial before a judge at Special Term, and the following facts appeared. On the 14th June, 1853, the County Court of Yates county ordered a sale of real estate, situate in…
1Opinion of the Court
Present — E. D. Smith, Dwight and Johnson, JJ.
By the Court
Johnson, J.
It must be admitted, I think, that if the defendant had, by virtue of the order of the County Court of Yates county, dated Feb. 5th, 1863, and his subsequent conveyance of the farm in said order mentioned, to the plaintiff, become completely exonerated and discharged from all further liability upon the bond executed by him, as surety for the plaintiff’s special guardian; and also from the trust under which he had, before such conveyance, held such farm, and was from that time under no further obligation, and owed no further…
2Cases cited1 opinion
- Campbell v. JohnstonNew York Court of Chancery · 1843
3Cited by1 opinion
- Mills v. HoffmanNew York Supreme Court · 1882