Legal Opinion

Newton v. Evers

Appellate Division of the Supreme Court of the State of New York

Decided March 8, 1911PublishedCited by 1 opinion

Appeal by the plaintiff, George M. Newton, as administrator, etc., from a judgment of the Supreme Court in favor of certain of the defendants, entered in the office of the clerk of the county of Erie on the 12tli day of August, 1910, upon the decision of.the court rendered after a trial at the Erie Special Term, dismissing the the complaint upon the merits as to said defendants.

1Opinion of the Court

Spring, J.:

This action is to foreclose a mortgage.. On the'17th of September, 1884, one Woodward conveyed to William Blakely about twenty-seven acres of land in the town of Evans, in Erie county, for the consideration of $1,500. He took back a purchase-money mortgage for $1,000, and Blakely paid him $500 in cash. In the fall of 1885 lunacy proceedings were commenced, and Blakely was adjudged a lunatic September twenty-fourth of that year, and the jury by their inquisition found that the lunacy commenced prior to the delivery of the deed mentioned. John Vellum was appointed committee of the…

2Cases cited5 opinions

  1. Hartley v. . HarrisonNew York Court of Appeals · 1861
  2. Parkinson v. . ShermanNew York Court of Appeals · 1878
  3. Cottle v. County of ErieAppellate Division of the Supreme Court of the State of New York · 1901
  4. H. Remington & Son Pulp & Paper Co. v. CaswellAppellate Division of the Supreme Court of the State of New York · 1908
  5. Newton v. EversNew York Supreme Court · 1910

3Cited by1 opinion

  1. Newton v. EversNew York Supreme Court · 1912

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