Benjamin v. Welch
New York Supreme Court
Appeal from circuit court, Tioga county. Action by Catharine Benjamin against Luther Welch to recover possession of eight acres of land. From a judgment entered on a verdict directed by the court in favor of defendant, and from an order denying a motion for a new trial, made on the minutes of the court, plaintiff appeals.
1Opinion of the CourtMerwin, J.
This is an action of ejectment. The plaintiff seeks to recover the possession of about eight acres of land in the town of Richford, Tioga county, as devisee under the last will and testament of her father, Thomas Welch, deceased. The defendant also claims under the same will. At the close of the trial, the defendant asked the court to direct a verdict in his favor, and-the plaintiff asked the court to direct a verdict in her favor. The court denied the motion of the plaintiff, and granted the motion, of the defendant, and directed a verdict in his favor, dismissing the plaintiff’s complaint.…
Also in this document: Concurrence.
2Cases cited11 opinions
- Phillips v. . DaviesNew York Court of Appeals · 1883
- Dillon v. . CockcroftNew York Court of Appeals · 1882
- Wendell v. Jackson ex dem. PeopleCourt for the Trial of Impeachments and Correction of Errors · 1831
- Brookman v. . KurzmanNew York Court of Appeals · 1883
- Jackson ex dem. Rogers v. ClarkNew York Supreme Court · 1810
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3Cited by6 opinions
- Brainin v. New York, New Haven & Hartford RailroadAppellate Division of the Supreme Court of the State of New York · 1910
- Walter v. HamAppellate Division of the Supreme Court of the State of New York · 1902
- In re the Judicial Settlement of the Final Account of Proceedings of the Fifth Avenue BankAppellate Division of the Supreme Court of the State of New York · 1940
- People v. CallNew York Supreme Court · 1927
- Johnson v. McArthurSupreme Court of Kansas · 1979
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