Legal Opinion · Dissent

Lewis v. Ryan

Appellate Division of the Supreme Court of the State of New York

Decided January 17, 1908Published

Appeal by the defendants, Michael Ryan and another, as executors, etc., and others, from an interlocutory judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of New York on the 27th day of August, 1907, upon the decision of the court rendered after á trial at the New York Special Term, overruling the defendants’ demurrers to the plaintiffs’ reply.

1Dissent

Patterson, P. J. (dissenting):

I think the demurrers to the reply were properly overruled- at Special Term. What was held in Smith v. Ryan (116 App. Div. 397) was that the deed, the grantor not haying been adjudged to. be incompetent,, could not be assailed for his alleged mental incapacity in an ejectment action. But, as pointed out in the opinion of the justice at Special Term overruling these demurrers, there are allegations in this reply of “active fraud.” (55 Misc. Rep. 408.) They are, in substance, that the deed from Flynn to Bollard and the last will and testament of Flynn were procured…

2Cases cited3 opinions

  1. Wilcox v. American Telephone & Telegraph Co.New York Court of Appeals · 1903
  2. Smith v. RyanAppellate Division of the Supreme Court of the State of New York · 1906
  3. Lewis v. RyanNew York Supreme Court · 1907

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