Boyd v. . Boyd
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered October 20, 1891, affirming a judgment in favor of defendants entered upon á dismissal of the complaint by the Court of Common Pleas for the city and county of Hew York, on trial at an Equity Term. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered October 20, 1891, affirming a judgment in favor of defendants entered upon á dismissal of the complaint by the Court of Common Pleas for the city and county of Hew York, on trial at an Equity Term. The nature of the action and the facts, so far as material, are stated in the opinion. The court erred in receiving the testimony of the defendants Elise Boyd and Joseph J. Carberry. The' testimony that was given by them was within- the inhibition of section 829 of the Code of Civil…
1Opinion of the CourtO’Brien, J.
This action was brought under section 1473 of the Code by the plaintiff, in his capacity as adminis trator and sole heir at law of a deceased person, who, it is alleged, was, at the time of his death, entitled to a sheriff’s deed of certain real estate described in the complaint, and which had been sold by the sheriff on execution and redeemed by the deceased as a junior judgment creditor. The relief prayed for is that the sheriff, who was made a party defendant, be adjudged to execute a deed to the plaintiff of the lands, and that a certain paper purporting to be' an assignment of the…
2Cases cited18 opinions
- New York Mutual Life Insurance v. ArmstrongSupreme Court of the United States · 1886
- Holcomb v. . HolcombNew York Court of Appeals · 1884
- Jordan v. OsgoodMassachusetts Supreme Judicial Court · 1872
- Mayer v. . the PeopleNew York Court of Appeals · 1880
- Clift v. . MosesNew York Court of Appeals · 1889
13 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- In re the Estate of BrandonNew York Court of Appeals · 1982
- Hoag v. . WrightNew York Court of Appeals · 1903
- Griswold v. . HartNew York Court of Appeals · 1912
- Martin v. ShaenWashington Supreme Court · 1946
- Altman v. . OzdobaNew York Court of Appeals · 1923
17 more not listed; retrieve them via the Exa API.