Legal Opinion

McDuffie v. Clark

New York Supreme Court

Decided April 11, 1890PublishedCited by 1 opinion

Appeal from circuit court, Cattaraugus county._ Ejectment by Angus McDuffie against Adelia Clark. Judgment was entered on a verdict for defendant, and a motion for a new trial was denied; and plaintiff appeals. For opinion on appeal by defendant from an order granting a new trial, see 1 N. Y. Supp. 462.

1Opinion of the CourtDwight, P. J.

The action was ejectment for a house and lot in the village of Little Valley. The plaintiff claimed title under one David A. Brown, and the defendant under one David C. Brown. The opinion of the court, by Bradley, J., on a former appeal, (1 N. Y. Supp. 462,) furnishes a full and succinct statement of the facts as they then appeared, and of the reasons for the conclusion then reached, that the verdict in favor of the defendant was against the clear weight of the evidence. It was then considered that the effect of the deed and bond and mortgage, which were to be construed as parts of the same…

2Cases cited1 opinion

  1. McDuffie v. ClarkNew York Supreme Court · 1888

3Cited by1 opinion

  1. In re the City of New YorkAppellate Division of the Supreme Court of the State of New York · 1918

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