New York Court of Appeals

Seth Pope, Respondent v. Elijah M. Allen, Appellant

October 27, 188290 N.Y. 298

Summary

The New York Court of Appeals affirmed the lower court's judgment for the plaintiff, holding that section 829 of the Code of Civil Procedure bars the defendant from testifying about personal transactions with the deceased grantors, and that the defendant's bare, equivocal possession does not constitute constructive notice of his equitable title.