Blinn v. Schwarz
Appellate Division of the Supreme Court of the State of New York
Motion by the plaintiff, Christian Blinn, for a new trial 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 defendants, rendered by direction of the court after a trial at the New York Trial Term.
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Motion by the plaintiff, Christian Blinn, for a new trial 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 defendants, rendered by direction of the court after a trial at the New York Trial Term. The action was brought to recover the possession and damages for the use and occupation by the defendants of .property located on the northwest corner of Eighty-sixth street and the Boulevard,, which the complaint alleges has been and is wrongfully withheld from the plaintiff. The answer denies any…
1Concurrence
Ingraham, J. (concurring):
I concur in the conclusion of Mr. Justice O’Brien’s opinion, upon the ground that a deed of a lunatic, or one non compos mentis, is not void, but voidable, and relief in such a case must be had in a court *30of equity. In the early cases the distinction between instruments that are void or voidable is not clearly defined; but I think it has always been the rule that the deed of a person not judicially declared a lunatic is voidable only. In Beverley's Case (4 Coke, 123) the rule is stated “ That every deed, feoffment or grant, which any man non compos mentis makes, is…
2Cases cited4 opinions
- Van Deusen v. . SweetNew York Court of Appeals · 1873
- Jackson ex dem. Merritt v. GumaerNew York Supreme Court · 1824
- Ingraham v. . BaldwinNew York Court of Appeals · 1853
- Canfield v. FairbanksNew York Supreme Court · 1872