Bennett v. . Austin
New York Court of Appeals
.Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, denying a motion for a new trial, made under section 268 of the Code of Procedure.
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.Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, denying a motion for a new trial, made under section 268 of the Code of Procedure. This action was brought to have a quit-claim deed executed by the plaintiffs, Bennett and wife, and by the defendants, Avery and wife, to Stephen G. Austin, deceased, conveying lands claimed by defendant Lavinia Austin, as devisee under •the will of said grantee, declared to be a mortgage, and for an accounting and redemption. The following fasts appeared on trial: The defendant, Lavinia Austin, is the widow and…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.]
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.]
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.]
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] There was evidence upon the trial of this action to establish that the…
2Cases cited12 opinions
- Van Epps v. Van EppsNew York Court of Chancery · 1841
- Merritt v. . BartholickNew York Court of Appeals · 1867
- Torrey v. Bank of OrleansNew York Court of Chancery · 1842
- Fulton v. . WhitneyNew York Court of Appeals · 1876
- Moses v. MurgatroydNew York Court of Chancery · 1814
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3Cited by15 opinions
- King v. RemingtonSupreme Court of Minnesota · 1886
- Rose v. HaydenSupreme Court of Kansas · 1886
- Hamilton v. DoolyUtah Supreme Court · 1897
- Raynor v. . RaynorNew York Court of Appeals · 1883
- Bailey v. BaileySupreme Court of Vermont · 1894
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