Todd v. . Nelson
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the second judicial department, made February 9, 1885, which reversed a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. The nature of the action and the material facts are stated in the opinion. The order of reversal in this case does not state that the reversal was on any •question of fact. Error of law must, therefore, be shown to sustain it.
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Appeal from order of the General Term of the Supreme Court in the second judicial department, made February 9, 1885, which reversed a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. The nature of the action and the material facts are stated in the opinion. The order of reversal in this case does not state that the reversal was on any •question of fact. Error of law must, therefore, be shown to sustain it. (Schoener v. Lissauer, 9 Cent. Rep. 443; Lewis v. Barton, 106 N. Y. 70, 73 ; Rider Life Raft Co. v. Roach, 97 id. 378; Kane v. Cortesy, 10 id.…
1Opinion of the CourtPeckham, J.
This action was brought by the plaintiff to set aside and have declared void a deed said to have been executed by one Emma D. Owen to Isaac Nelson and Mary Ann Nelson, her father and mother. The deed conveyed certain premises in the county of Westchester belonging to Mrs. Owen, and it was recorded in the clerk’s office of that county within a few days after it was executed, which was on the 20th of December, 1862. In 1867 the grantor in the deed, who with her husband had continued to occupy the premises, executed a mortgage thereon to one Todd for the purpose of seeming the repayment of…
2Cases cited3 opinions
- Ward v. . CraigNew York Court of Appeals · 1882
- Paige v. FazackerlyNew York Supreme Court · 1862
- Cooper v. BeanNew York Supreme Court · 1871
3Cited by27 opinions
- Martin v. HerzogNew York Court of Appeals · 1920
- Schreyer v. ScottSupreme Court of the United States · 1890
- Thomson v. CraneU.S. Circuit Court for the District of Nevada · 1896
- Neuberger v. . KeimNew York Court of Appeals · 1892
- Klinger v. HymanCourt of Appeals for the Second Circuit · 1915
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