La Tourette v. Decker
New York Supreme Court
Appeal from judgment on report- of referee. Action by Andrewette la Tourette and Ann la Tourette against Angelina Decker and others to set aside certain deeds as void and for partition of real estate. From a judgment entered in Broome county in favor of plaintiffs, defendant Angelina Decker appeals. Defendant Angeiine Decker claimed title by deed to the premises first mentioned therein. She also claimed to hold a mortgage upon the same.
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Appeal from judgment on report- of referee. Action by Andrewette la Tourette and Ann la Tourette against Angelina Decker and others to set aside certain deeds as void and for partition of real estate. From a judgment entered in Broome county in favor of plaintiffs, defendant Angelina Decker appeals. Defendant Angeiine Decker claimed title by deed to the premises first mentioned therein. She also claimed to hold a mortgage upon the same. The referee held that the deed under which she claimed was void, because the grantor was of unsound mind at the time it was given, and refused to find that…
1Opinion of the CourtMartin, J.
The appellant seeks a reversal of the judgment herein, only so far as it relates to the premises first described in the complaint. The grounds upon whfeh it is sought are: (1) That, when the action was commenced, she had a hostile title, and was in actual possession, claiming the lands adversely; (2) that she held a mortgage on the premises, and her possession ought not to be disturbed until the mortgage is paid or its payment provided for.
The proof in this case is such as to render it unnecessary for us to determine whether, since the adoption of the Code of Civil Procedure, which provides…
2Cases cited4 opinions
- Culver v. . RhodesNew York Court of Appeals · 1882
- Florence v. . HopkinsNew York Court of Appeals · 1871
- Beebee v. . GriffingNew York Court of Appeals · 1856
- Hulse v. HulseNew York Supreme Court · 1889