Fowler v. . Ingersoll
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial department, made November 23, 1888, which reversed a judgment in favor of plaintiffs, entered upon the decision of the court on trial without a jury, and ordered a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
1Opinion of the CourtBrowit, J.
This action was in ejectment for the possession of two lots of land on Twentieth street in Flew York city.
The complaint alleged that John B. Fowler died December 5, 1885, seized of the premises in question, which allegation was denied by the answer.
It appeared that prior to FTovember 24, 1883, Mr. Fowler owned and occupied said premises, and upon that day by a sufficient deed conveyed the same to his only daughter, Mary E. Henry.
Mrs. Henry died prior to the death of her father, leaving no husband or children surviving her, and leaving a will which was duly admitted to probate May 2, 1885.
John…
2Cases cited3 opinions
- Schettler v. . SmithNew York Court of Appeals · 1869
- Matter of N.Y., L. W.R. Co.New York Court of Appeals · 1887
- Buel v. . SouthwickNew York Court of Appeals · 1877
3Cited by40 opinions
- Baer v. HendricksNew York Court of Appeals · 1895
- Johnson v. PrestonIllinois Supreme Court · 1907
- Lyons v. . OstranderNew York Court of Appeals · 1901
- In re Moran's WillWisconsin Supreme Court · 1903
- In Re the Accounting of the Farmers' Loan & Trust Co.New York Court of Appeals · 1907
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