Upington v. . Corrigan
New York Court of Appeals
Appeal from a judgment of the General Term of the Supreme Court in the first judicial department, entered August 13, 1891, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Circuit without a jury. This was an action of ejectment, to recover the possession of certain lands in the 23d ward of the city of New York.
Read the full summary
Appeal from a judgment of the General Term of the Supreme Court in the first judicial department, entered August 13, 1891, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Circuit without a jury. This was an action of ejectment, to recover the possession of certain lands in the 23d ward of the city of New York. In 1862 they were owned by Mary McDonough Davey; who, on the 19th day of September in that year, conveyed them for a nominal consideration to Rev. John Hughes by deed, containing full covenants and warranty, with this habendum clause and…
1Opinion of the CourtGray, J.
The question which this appeal presents is both interesting and important and its answer turns upon the construction to be given to the provisions of our Statute of Wills. I think, too, that there have been certain decisions made by the courts of this state upon the general question; the effect of which it would be very difficult to overlook, however much inclined we might feel to differ in our reasoning. The question is, can the plaintiff, claiming as heir at law of Mrs. Davey, maintain this action to recover the possession of the premises in question for the breach of the express condition…
2Cases cited6 opinions
- Schulenberg v. HarrimanSupreme Court of the United States · 1875
- Nicoll v. . the New-York and Erie Railroad Co.New York Court of Appeals · 1854
- Ruch v. Rock IslandSupreme Court of the United States · 1878
- Underhill v. Saratoga & Washington Rail RoadNew York Supreme Court · 1855
- Jackson, ex dem. Reeves v. ToppingNew York Supreme Court · 1828
1 more not listed; retrieve them via the Exa API.
3Cited by71 opinions
- Copenhaver v. PendletonSupreme Court of Virginia · 1930
- Trustees of Union College v. City of New YorkNew York Court of Appeals · 1903
- Clowe v. . SeaveyNew York Court of Appeals · 1913
- Alamogordo Improvement Co. v. HennesseeNew Mexico Supreme Court · 1936
- Johnston v. City of Los AngelesCalifornia Supreme Court · 1917
66 more not listed; retrieve them via the Exa API.