Ten Eyck v. Whitbeck
New York Supreme Court
Appeal from circuit court, Albany county. Ejectment by Maria Ten Eyck and another against Catharine A. Whitbeck and "others to recover the possession of certain lands to which plaintiffs claim title in their own right.
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Appeal from circuit court, Albany county. Ejectment by Maria Ten Eyck and another against Catharine A. Whitbeck and "others to recover the possession of certain lands to which plaintiffs claim title in their own right. The defendants allege (1) that the nominal'title of plaintiffs was procured by fraud and undue influence upon Peter W. Ten Eyck, the original source of title, and Elizabeth Ten Eyck, their immediate grantor; (2) the conveyance of said property by said Peter W. Ten Eyck to the defendant Catharine A. Whitbeck. From a judgment on a verdict directed in favor of plaintiffs,…
1Opinion of the CourtHerrick, J.
This case has been before the court several times (39 N. Y. St. Rep. 634, 15 N. Y. Supp. 418; 135 N. Y. 40, 31 N. E. 994; 69 Hun, 450, 23 N. Y. Supp. 463), and most of the legal questions have been eliminated. On both occasions when it was before the general term of this department, there was a thorough examination of the facts. The additional evidence elicited upon the trial now under review does not seem to me to change in any essential particular the facts as they appeared when the case was last under consideration by us.
"Upon the question of delivery, in addition to the presumption of…
2Cases cited3 opinions
- Ten Eyck v. . WitbeckNew York Court of Appeals · 1892
- Ten Eyck v. WitbeckNew York Supreme Court · 1891
- Ten Eyck v. WitbeckNew York Supreme Court · 1893
3Cited by1 opinion
- Crossen v. OliverOregon Supreme Court · 1900