Legal Opinion

Stephenson v. Southerland

Appellate Division of the Supreme Court of the State of New York

Decided April 4, 1912PublishedCited by 2 opinions

Appeal by the plaintiff, Sadie L. Stephenson, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 31st day of January, 1911, upon the decision of the court rendered after a trial at the Kings County Special' Term dismissing the complaint.

1Opinion of the Court

Carr, J.:

The plaintiff appeals from a judgment that dismissed her complaint. The action was brought in equity to compel the delivery of a deed to the plaintiff which, according to the allegations of the complaint, had been theretofore executed and delivered by the defendant to certain third parties for the use of one John Lewis and subsequently returned to the defendant by said third parties without authority from Lewis, under whom the plaintiff claims. The only controversy in the case is whether the defendant had ever delivered the deed to said third parties for the use of Lewis. The trial…

2Cases cited3 opinions

  1. Fisher v. . HallNew York Court of Appeals · 1869
  2. Brackett v. . BarneyNew York Court of Appeals · 1863
  3. Ross v. . CaywoodNew York Court of Appeals · 1900

3Cited by2 opinions

  1. Nelson v. RyanAppellate Division of the Supreme Court of the State of New York · 1927
  2. Frantz v. GattoAppellate Division of the Supreme Court of the State of New York · 1948

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