Legal Opinion

Penfield v. Village of New Rochelle

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1897PublishedCited by 4 opinions

Appeal by the defendant, the New Rochelle Coal and Lumber Company, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the.county of Westchester on the 27th day of June, 18.95, upon the decision of the court rendered after a trial at the Westchester Special Term

1Opinion of the Court

Willard Bartlett, J.:

The judgment in this action directs the reformation of a deed dated July 12, 1886, whereby the late George J. Penfield conveyed to the trustees of the village of New Rochelle certain property which he desired to dedicate to public uses as a highway. From this judgment the village has not appealed. The only appellant is the New Rochelle Coal and Lumber Company, which has succeeded to the interest of James P. Canty, the original defendant in the suit, who claimed to be a bona fide purchaser, for value, of land which would be taken from him if the deed were reformed, without…

2Cases cited2 opinions

  1. Gillespie v. MoonNew York Court of Chancery · 1817
  2. Bush v. . HicksNew York Court of Appeals · 1875

3Cited by4 opinions

  1. Burlingham v. HanrahanNew York Supreme Court · 1931
  2. Potato Co. v. . JeannetteSupreme Court of North Carolina · 1917
  3. Flaherty v. Broadway Associate Ltd. PartnershipAppellate Division of the Supreme Court of the State of New York · 1991
  4. Knobloch v. KrackeAppellate Division of the Supreme Court of the State of New York · 1912

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