Legal Opinion

Browne v. Murdock

New York Supreme Court

Decided July 1, 1883PublishedCited by 4 opinions

Appeal from a judgment of the special term" of the supreme court dismissing the plaintiff’s complaint and affirming an order refusing a new trial by jury of special issues of fact with costs.

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Appeal from a judgment of the special term" of the supreme court dismissing the plaintiff’s complaint and affirming an order refusing a new trial by jury of special issues of fact with costs. The action was brought by Catherine Browne, a married woman, to annul certain paper writings, stated to have been signed by her during coverture, and to recover possession of certain property conveyed through the medium of such writings. ' It appeared that, at and prior to the time of the execution of such paper writings, the plaintiff was lawfully possessed in her own right, as and for her separate…

1Opinion of the CourtBrady, J.

This action was brought for the purpose of procuring the possession of certain property consisting of a bond and mortgage and a house and lot in New York city, and also to cancel certain writings which purported to be executed by the plaintiff to the defendants, whereby the property came into the possession of the defendant Murdock for the benefit of the other defendants either personally or as guardians, and to cancel the same because the plaintiff was at the time of the pretended execution incompetent to execute the same, and because of the other informalities.

It appears that the plaintiff…

2Cases cited2 opinions

  1. Gardiner v. GardinerNew York Court of Appeals · 1865
  2. The People v. . LakeNew York Court of Appeals · 1855

3Cited by4 opinions

  1. Robb v. Washington & Jefferson CollegeAppellate Division of the Supreme Court of the State of New York · 1905
  2. Conkling v. DaviesNew York Supreme Court · 1878
  3. Newman v. NewmanNew York Supreme Court · 1927
  4. Mazet v. CrowCity of New York Municipal Court · 1890

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