Van Wyck v. . Brasher
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, affirming a judgment in favor of defendants, entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, are set forth in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, affirming a judgment in favor of defendants, entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, are set forth in the opinion. The inquisition finding the grantor incompetent to contract or dispose of his property at the time of this deed is prima, facie proof of such incompetency at that time and threw the whole burden upon the defendants to show affirmatively, by preponderating evidence, that he was competent to contract, and the gift such as a…
1Opinion of the CourtEarl, J.
This is an action to set aside a deed of real estate situate in the city of Brooklyn, executed by the plaintiff to defendant Brasher, who subsequently conveyed the same real estate to the other defendant, on the ground that the plaintiff was incompetent to execute the deed.
The cause was tried before a judge without a jury, and he found against the plaintiff, and the judgment entered upon his decision was affirmed at General Term. There were no exceptions taken during the trial, and the case is before us solely upon exceptions taken to the findings of the judge, and his refusals to find as…
2Cases cited2 opinions
- Peck v. . CaryNew York Court of Appeals · 1863
- Gardner v. GardnerCourt for the Trial of Impeachments and Correction of Errors · 1839
3Cited by21 opinions
- In Re Proving the Will of HeatonNew York Court of Appeals · 1918
- Cook v. WhiteAppellate Division of the Supreme Court of the State of New York · 1899
- Coody v. CoodySupreme Court of Oklahoma · 1913
- Cameron v. . Power Co.Supreme Court of North Carolina · 1905
- Lynn v. MagnessCourt of Appeals of Maryland · 1948
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