Butts v. Fillmore
New York Supreme Court
Appeal from special term, Monroe county. Action by Simon Butts against Addison B. Fillmore to set aside a conveyance of land. From a judgment for defendant of the trial court,- equity term, and from an order of special term denying his motion for new trial, plaintiff appeals.
1Opinion of the CourtLewis, J.
The action was brought to set aside a deed of conveyance from Christian Butts, deceased, to the defendant, of 20 acres of land in the town of Greece, Monroe county, IN". Y., on the ground that the conveyance was obtained by undue influence, and on the further ground that the grantor was, at the time he executed the deed, so infirm in mind as not to be cempetent to make the deed. The plaintiff claimed in his'complaint to be the owner of the premises as a devisee under the will of Mr. Fillmore, and demanded judgment that the deed to the defendant be adjudged void and of no effect, and awarding…
2Cases cited1 opinion
- Shumway v. . ShumwayNew York Court of Appeals · 1870