Marvin v. Lewis
New York Supreme Court
APPEAL, by the defendants, from a judgment entered upon the report of a referee. The action was brought by the plaintiff, the only son and heir of David D. Marvin, deceased, to set aside a deed executed by said David D. Marvin and Mary Augusta, his wife, to Susan M. Whittlesey, dated October 17, 1850, and recorded June 13, 1851. The deed was sought to be avoided on the ground of David D. Marvin’s unsoundness of mind at the time of the execution of the conveyance.
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APPEAL, by the defendants, from a judgment entered upon the report of a referee. The action was brought by the plaintiff, the only son and heir of David D. Marvin, deceased, to set aside a deed executed by said David D. Marvin and Mary Augusta, his wife, to Susan M. Whittlesey, dated October 17, 1850, and recorded June 13, 1851. The deed was sought to be avoided on the ground of David D. Marvin’s unsoundness of mind at the time of the execution of the conveyance. Some of the defendants were in possession of the premises, claiming title thereto, by divers mesne conveyances, under Susan M.…
1Opinion of the Court
By the Court, Cardozo, J.
Assuming, without deciding, that Mrs. Anthon has the right to appeal from this judgment, I think there is no reason to disturb it. The invalidity of the deed, I think, cannot be doubted. It stands substantially in the same plight as the assignment of the mortgage did in the case of Marvin v. Inglis, (39 How. Pr. 329;) and the evidence in this and that case is substantially the same. The Court of Appeals having affirmed the judgment in that case, I think there can be no doubt, on the evidence, and the law, as settled by that authority, that the referee was right in…
2Cases cited1 opinion
- Marvin v. InglisNew York Court of Appeals · 1869
3Cited by2 opinions
- Graves v. BradenIndiana Supreme Court · 1878
- Kennedy v. SmithAppellate Division of the Supreme Court of the State of New York · 1923