Upington v. Corrigan
New York Supreme Court
Exceptions from circuit court, New York county. Action by Marie T. Upington against Michael A. Corrigan and others. Plaintiff moves for a new trial on exceptions ordered to be heard in the first instance at the general term, a verdict having been directed for defendants at circuit.
1Opinion of the CourtYan Brunt, P. J.
This is an action of ejectment, commenced in July or August, 1891, to recover possession of certain premises for breach of conditions subsequent contained in the deed by which plaintiff’s ancestor conveyed the same. The facts conceded are as follows: One Mary McDonough Davey, being the owner of the premises in question, conveyed the same to the Reverend John Hughes for nominal consideration, by a full covenant warranty-deed, on the 19th of September, 1862. This deed, in addition to the usual covenants, contained the following:
“To have and to hold the above granted, bargained, and described…
2Cases cited2 opinions
- Langley v. ChapinMassachusetts Supreme Judicial Court · 1883
- Rose v. . HawleyNew York Court of Appeals · 1890
3Cited by2 opinions
- Bouvier v. Baltimore & New York RailroadSupreme Court of New Jersey · 1900
- Upington v. CorriganNew York Supreme Court · 1894