Brown v. Miles
New York Supreme Court
Appeal from circuit court, Jefferson county. Action by Bennett F. Brown, by his committee, against Andrew B. Miles, Jr., for the possession of land. The jury found for the plaintiff, and “that he is the owner in fee of the premises, and awarding him damages of $60 for the use and occupation of the premises.”
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Appeal from circuit court, Jefferson county. Action by Bennett F. Brown, by his committee, against Andrew B. Miles, Jr., for the possession of land. The jury found for the plaintiff, and “that he is the owner in fee of the premises, and awarding him damages of $60 for the use and occupation of the premises.” The defendant moved for a new trial on the minutes “on the grounds that the verdict is contrary to law, and against the evidence, and against the weight of evidence, and also upon the exceptions taken during the trial.” The motion was denied, and the defendant took an exception thereto.…
1Opinion of the CourtHardin, P. J.
It is insisted by the learned counsel for the appellant that a deed made by a lunatic is “voidable only, and not absolutely void.” We think the weight of authority is against the proposition. Van Deusen v. Sweet, 51 N. Y. 878; Valentine v. Lunt, 115 N. Y. 497, 22 N. E. Rep. 209; Riggs v. Society, 95 N. Y. 503. This court is already committed upon the proposition by its decision in Goodyear v. Adams, 5 N. Y. Supp. 275, affirmed, 119 N. Y. 650, 23 N. E. Rep. 1149, and the doctrine finds support in Aldrich v. Bailey, (Sup.) 8 N. Y. Supp. 435, and in Johnson v. Stone, 35 Hun, 383; Carter v.…
2Cases cited9 opinions
- Phillips v. . GorhamNew York Court of Appeals · 1858
- The New York Ice Company v. . North Western Insurance Co.New York Court of Appeals · 1861
- Crary v. . GoodmanNew York Court of Appeals · 1855
- Riggs v. . American Tract SocietyNew York Court of Appeals · 1884
- Goodyear v. AdamsNew York Supreme Court · 1889
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3Cited by3 opinions
- French Lumbering Co. v. TheriaultWisconsin Supreme Court · 1900
- Robinson v. KindNevada Supreme Court · 1900
- Schanck v. HooperNew York Supreme Court · 1916