Mohn v. King
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term. ■ Action by John C. Mohn, by guardian, against John King and John G. McCullough, as receivers, etc., of the New York, Lake Erie & Western Bailroad Company. From a judgment for plaintiff and an order denying a new trial, defendants appeal.
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Appeal from trial term. ■ Action by John C. Mohn, by guardian, against John King and John G. McCullough, as receivers, etc., of the New York, Lake Erie & Western Bailroad Company. From a judgment for plaintiff and an order denying a new trial, defendants appeal. The plaintiff in his complaint alleges that he was, and still is, the owner and in possession of about 100 acres of land, located in the town of Oochecton, Sullivan county, in this state; that such lands were wild timber lands, and were covered with valuable trees, timber, and a growth of young saplings- and poles; that on the 15th,…
1Opinion of the CourtHerrick, J.
Various questions are raised upon this appeal by the appellants, but it seems to me that the only one necessary to be considered is the one presented upon the defendants’ objection to the reception in evidence, and the refusal to strike the same out of the evidence, of the deed from Peter Seip and Peter Fahrenz to the plaintiff’s grantor. It is said that no question can be raised here, because the defendants did not except to the ruling of the court receiving the deed in evidence. The defendants made their objection, and the court thereupon examined the witness, and it not appearing that the…
2Cases cited2 opinions
- Wilder v. . RanneyNew York Court of Appeals · 1884
- Whitlock v. WashburnNew York Supreme Court · 1891