Fox v. Barton
Appellate Division of the Supreme Court of the State of New York
Motion by the defendants, James Fee and another, for a new trial made upon a case containing exceptions, ordered to be heard at the Appellate Division in the first instance upon the verdict of a jury in favor of the plaintiffs rendered by direction of the court after a trial at the Monroe Trial Term. This action— ejectment—was begun July 29,1896, the plaintiffs alleging that they are the owners in fee and entitled to the possession of the premises described in the complaint.
Read the full summary
Motion by the defendants, James Fee and another, for a new trial made upon a case containing exceptions, ordered to be heard at the Appellate Division in the first instance upon the verdict of a jury in favor of the plaintiffs rendered by direction of the court after a trial at the Monroe Trial Term. This action— ejectment—was begun July 29,1896, the plaintiffs alleging that they are the owners in fee and entitled to the possession of the premises described in the complaint. The defendants answered jointly, denying each and every allegation in the complaint, except the allegation that…
1Opinion of the Court
Follett, J.:
The defendants took no exceptions to the rulings admitting or excluding evidence on the trial, and the only question before this court arises on the exception taken by them to the direction of a verdict for the plaintiffs. The plaintiffs claim to recover possession" of this lot upon the ground that they are its owners in fee, either under the will executed April 15, 1867, by Henry Fox, or under the will executed by him December 27, 1866. The will of April 15, 1867, revoked all former wills made, and, if it is valid, the will executed December 27, 1866, was revoked and is invalid.…
2Cases cited13 opinions
- McArthur v. ScottSupreme Court of the United States · 1885
- Williams v. BankheadSupreme Court of the United States · 1874
- Monarque v. . MonarqueNew York Court of Appeals · 1880
- Kent v. . Church of St. MichaelNew York Court of Appeals · 1892
- Croghan v. . LivingstonNew York Court of Appeals · 1858
8 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Tonnele v. . WetmoreNew York Court of Appeals · 1909
- Cooney v. WaltonSupreme Court of Georgia · 1921
- Coquillard v. CoquillardIndiana Court of Appeals · 1916
- Marr v. BarnesSupreme Court of Kansas · 1928
- Coquillard v. CoquillardIndiana Court of Appeals · 1916
6 more not listed; retrieve them via the Exa API.