Dinan v. . Coneys
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made February 13, 1893, which affirmed a judgment in favor of plaintiff, except as to the claim of the defendant Hannah Coneys, entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made February 13, 1893, which affirmed a judgment in favor of plaintiff, except as to the claim of the defendant Hannah Coneys, entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. Under the procedure prior to the Code, an equitable title could not be set up in defense to the legal title of the plaintiff. (Jackson v. Deyo, 3 Johns. 422; Jackson v. Van Slyck, 8 id. 487.) The answers did not contain…
1Opinion of the Court
Andrews, Ch. J.
This action is ejectment. The plaintiff claimed title under a devise in the will of his father, Daniel Dinan, and in his complaint alleged the devise as tile source of his title. The defendant Hannah Coneys is the wife of the defendant William Coneys and the sister of the plaintiff. In her answer she denied that she unlawfully withheld possession of the premises, and alleged that by the will of Daniel Dinan the land devised to the plaintiff was charged with the payment to her of a legacy of three hundred dollars, which had not been paid, and she demanded judgment in her favor…
2Cases cited2 opinions
- Brown v. . KnappNew York Court of Appeals · 1879
- Smith v. . HallNew York Court of Appeals · 1876
3Cited by19 opinions
- Seaver v. . RansomNew York Court of Appeals · 1918
- Allegheny College v. National Chautauqua County Bank of JamestownNew York Court of Appeals · 1927
- Tillman v. . OgrenNew York Court of Appeals · 1920
- Oliver v. WellsNew York Court of Appeals · 1930
- Fulton County Gas & Electric Co. v. Hudson River Telephone Co.New York Court of Appeals · 1911
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