Barson v. . Mulligan
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 22, 1909, affirming a judgment in favor of plaintiffs entered upon a verdict directed by the court and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 22, 1909, affirming a judgment in favor of plaintiffs entered upon a verdict directed by the court and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The learned trial court erred in not submitting to the jury the question whether or not the defendant held possession of the premises in question as mortgagee with the consent, either express or implied, of one or both of the owners of the equity.…
1Opinion of the CourtVann, J.
The facts of this case need not be repeated as they were fully stated on a former appeal, except that certain evidence is now before ns the exclusion of which upon the trial then under review required us to order a new trial. (191 N. Y. 306, 323.)
It will be convenient to bear in mind that the action is in ejectment, brought by the owners of the reversion after the termination of a life estate, against Agnes K. Murphy Mul ligan, who claims to be a mortgagee in possession with the consent of one of the reversioners. The original entry by Mrs. Mulligan was under a lease from the tenant for life,…
2Cases cited1 opinion
- Barson v. . MulliganNew York Court of Appeals · 1908
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