Livingston v. Byrne
Court for the Trial of Impeachments and Correction of Errors
THIS cause came before this court, on appeal from the court of chancery. The following facts appeared from the pleadings _ . . . . . and depositions m the cause: On the 1st December, 1893, Edward Livingston was seised in common, with the heirs of E. C. Goodrich, of 800 lots of land, in the town of Esperanza, now Alliens, in the county of Greene; and on the same day, executed to the defendant, in the court below, the now appellant, a deed thereof, in trust, to procure…
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THIS cause came before this court, on appeal from the court of chancery. The following facts appeared from the pleadings _ . . . . . and depositions m the cause: On the 1st December, 1893, Edward Livingston was seised in common, with the heirs of E. C. Goodrich, of 800 lots of land, in the town of Esperanza, now Alliens, in the county of Greene; and on the same day, executed to the defendant, in the court below, the now appellant, a deed thereof, in trust, to procure partition to be made with the other tenants in common, and after partition, ALBANY, sell the same, and apply the proceeds to…
1Opinion of the CourtYates, J.
The leading question in this cause is as to the effect of the notice published by Gelston, Osgood, and the appellant; whether the promise to release, contained in it, was intended to embrace the right (if any exists) of the appellant, under the deed of the 1st of December, 1803, as well as the right of the three trustees under the deed subsequently executed.
The existence of the first deed was probably not known to two of the trustees at the time the last was executed, and must have been a transaction solely between the appellant and E. Livingston, to whom all knowledge of it had been…
2Cited by24 opinions
- Graffam v. BurgessSupreme Court of the United States · 1886
- Allen v. StephanusTexas Supreme Court · 1857
- Files v. BrownCourt of Appeals for the Eighth Circuit · 1903
- Baker v. ClepperTexas Supreme Court · 1863
- Kellogg v. HowellNew York Supreme Court · 1872
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