Witthaus v. . Schack
New York Court of Appeals
These are cross appeals from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made January 25,1884, which affirmed a judgment in favor of plaintiff entered upon a decision of the court, and affirmed various orders. (Reported below, 38 Hun, 950.) The nature of the action and the facts, so far as material, are stated in the complaint.
Read the full summary
These are cross appeals from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made January 25,1884, which affirmed a judgment in favor of plaintiff entered upon a decision of the court, and affirmed various orders. (Reported below, 38 Hun, 950.) The nature of the action and the facts, so far as material, are stated in the complaint. The plaintiff was not an incompetent witness under section 829 of the Code, because the title or interest to be affected by the action was not derived by defendant from plaintiff’s husband but from…
1Opinion of the Court
Ruger, Ch. J.
This action was brought by the plaintiff as the widow of Rudolph A. Witthaus, to cancel and annul a deed of several parcels of land in the city of Bew York, so far as it affected her right of dower in the parcels lying below Eifty-ninth street, upon the ground that her signature thereto had been obtained by false and fraudulent representations of her husband.
The proof showed that on December 23, 1876, Eudolf A. Witthaus and the plaintiff, executed and duly acknowledged a deed of ten separate parcels of real estate situate in the city of New York, lying partly above and partly…
2Cases cited10 opinions
- Moore v. . the Mayor, Aldermen, C., of New YorkNew York Court of Appeals · 1853
- Elmendorf v. . LockwoodNew York Court of Appeals · 1874
- Aikman v. . HarsellNew York Court of Appeals · 1885
- Marvin v. . SmithNew York Court of Appeals · 1871
- Elwood v. KlockNew York Supreme Court · 1852
5 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Flynn v. FlynnMassachusetts Supreme Judicial Court · 1898
- Clawson v. WallaceUtah Supreme Court · 1898
- Matter of City of New York (Cropsey Ave.)New York Court of Appeals · 1935
- Hopper v. GurtmanSupreme Court of New Jersey · 1941
- George v. HessWest Virginia Supreme Court · 1900
24 more not listed; retrieve them via the Exa API.