Eagan v. Scully
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Sarah M. Scully, individually, and as executrix, etc., of Patrick Scully, deceased, from an interlocutory, judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Schenectady on the 9th day of April, 1897, upon the verdict of a jury rendered upon two specific questions of fact, and also from an order denying the said defendant’s motion for a nonsuit, and from an order directing a general verdict…
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Appeal by the defendant, Sarah M. Scully, individually, and as executrix, etc., of Patrick Scully, deceased, from an interlocutory, judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Schenectady on the 9th day of April, 1897, upon the verdict of a jury rendered upon two specific questions of fact, and also from an order denying the said defendant’s motion for a nonsuit, and from an order directing a general verdict in favor of the plaintiffs and ordering a.sale of the premises described in the complaint. In May, 1867, Patrick Scully…
1Opinion of the Court
Herrick, J.:
There was sufficient evidence to sustain the finding of the jury that Mary Margaret Scully was a minor at the time she executed the conveyance to her father, so that the only questions for us to consider are, whether such conveyance. was ratified after the minor attained her majority, and whether such conveyance was disavowed in due time.
It is a general rule that a conveyance hy an infant is valid until it is avoided by him after arriving at full age, and that he is entitled to exercise his right of avoidance at any time within the term of the Statute of Limitations after his…
2Cases cited3 opinions
- McMurray v. . McMurrayNew York Court of Appeals · 1876
- Voorhies v. VoorhiesNew York Supreme Court · 1857
- Foley v. Mutual Life Ins.New York Supreme Court · 1892
3Cited by8 opinions
- Blancato v. Feldspar Corp.Supreme Court of Connecticut · 1987
- Cahill v. SeitzAppellate Division of the Supreme Court of the State of New York · 1904
- O'Donohue v. SmithAppellate Division of the Supreme Court of the State of New York · 1909
- O'Rourke v. HallAppellate Division of the Supreme Court of the State of New York · 1899
- Ford v. ClendeninAppellate Division of the Supreme Court of the State of New York · 1913
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