3 N.Y.S. 699 | N.Y. Sup. Ct. | 1888
The purpose of this action was two-fold: First, to set aside conveyances of the premises described in the complaint, made by the defendant Nathan Brownell to the defendant Fuller, and by the defendant Fuller to
A careful examination of the evidence in this case has led us to the conclusion that the findings of the learned referee are abundantly sustained by the proof, and that his decision, and the judgment entered thereon, should be upheld, unless some of the exceptions to his rulings on the admission or rejection of evidenpe require a reversal of the judgment. The plaintiffs claim no error in that respect, except that the referee improperly admitted the evidence of the defendants Fuller and Nathan and Rosella Brownell as to transactions or communications between the defendants and Calvin Hubbard, who ivas the former owner of the lands in question, from whom Mrs. Brownell derived her title, and who was also the vendor in the contract held by the defendant Nathan Brownell, and grantor in the deed given in 1876, to Nathan and Rosella Brownell. The plaintiffs’ claim that this evidence was improperly received is based on the provisions of section 829 of the Code of Civil Procedure. 1 The plaintiffs were neither the personal representatives nor “survivors” of Calvin Hubbard, deceased, and it is not apparent to us how, as judgment creditors of the firm of N. Brownell & Son, they can be regarded as having derived any title or interest from, through, or under Calvin Hubbard by assignment, or otherwise. The plaintiffs had no title to the farm in question, nor had they derived any interest in it from, through, or under Calvin Hubbard. We do not think the evidence objected to was prohibited by that section. . We are of the opinion that this case was properly decided by the referee; that he committed no error in the admission of evidence which would justify a reversal of the judgment herein; and that the judgment appealed from should be affirmed. Judgment affirmed, with costs. All concur, except Follbtt, J,, not voting.