New York Court of Appeals

Mary Siemon v. . Morris Schurck, Mary Austin and William Austin.

January 5, 186429 N.Y. 598

Summary

The Court of Appeals affirmed the lower court's judgment, granting the plaintiff an injunction that set aside the sheriff's deed, ordered the defendants to convey their interest, and declared the judgment of Schurck to be no lien, because the plaintiff held an equitable title superior to the legal title. A concurring opinion agreed with the result but argued that the revised statutes did not apply and that the common‑law resulting trust should govern.