Legal Opinion

Dunleavey v. Dunleavey

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

Decided November 13, 1903Published

Appeal from Special Term, Nassau County. Action by Elizabeth Dunleavey against William H. Dunleavey and another. From a judgment dismissing the complaint, plaintiff appeals. Affirmed.

1Opinion of the CourtHirschberg, J.

This appeal presents nothing for review. The action is brought to procure the cancellation of a deed made by the father (now deceased) of the plaintiff and of the defendant William Dunleavey on the ground that the grantor was of unsound mind at the time the deed was executed, and on the further ground that its execution was procured by fraud practiced and undue influence exerted by the defendants. The learned trial justice has found, on sufficient evidence, that the grantor was of sound mind and understanding at the time the deed was executed, acknowledged, and delivered; that the deed was…

2Cases cited5 opinions

  1. Lanier v. HoadleyAppellate Division of the Supreme Court of the State of New York · 1899
  2. Piltz v. Yonkers RailroadAppellate Division of the Supreme Court of the State of New York · 1903
  3. Clements v. BealeAppellate Division of the Supreme Court of the State of New York · 1900
  4. Donellan v. KetchumAppellate Division of the Supreme Court of the State of New York · 1903
  5. Donellen v. KetchumAppellate Division of the Supreme Court of the State of New York · 1903

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