Kane v. Kane
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Isaac H. Radford,'from a judgment of the County Court of Erie county, entered in the office of the clerk of the county of Erie on the 13th day .of February, 1896, upon the report of a referee. February .2,1894, this action was commenced in the County Court of Erie county to partition certain lands described in the complaint.
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Appeal by the defendant, Isaac H. Radford,'from a judgment of the County Court of Erie county, entered in the office of the clerk of the county of Erie on the 13th day .of February, 1896, upon the report of a referee. February .2,1894, this action was commenced in the County Court of Erie county to partition certain lands described in the complaint. The lands have been sold and a portion of the proceeds deposited with the treasurer of Erie county, awaiting the determination of the respective rights of .certain defendants in the moneys arising upon the sale. - On the thirteenth of March an…
1Opinion of the Court
Hardin, P. J.:
In Palmer v. Miller (25 Barb. 399) it was held that a mortgage executed by an infant is valid until some act is done by him to avoid it.
Upon the hearing before the referee it was clearly shown that Patrick was born on the 1st day of Decémber, 1873, and arrived at his majority on the 1st day of December, 1894. It was thus made to appear that, at the time of the execution of the two mortgages held "by the appellant, he was under age. It was also, made clear by the ■evidence that very soon after coming of age he elected to disaffirm the mortgages, and gave notice thereof to the…
2Cases cited9 opinions
- Berry v. American Central Insurance Co. of St. LouisNew York Court of Appeals · 1892
- Beardsley v. . HotchkissNew York Court of Appeals · 1884
- Green v. . GreenNew York Court of Appeals · 1877
- Henry v. . RootNew York Court of Appeals · 1865
- Carpenter v. CarpenterIndiana Supreme Court · 1873
4 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Lamb v. LambAppellate Division of the Supreme Court of the State of New York · 1897
- McCarthy v. Bowling Green Storage & Van Co.Appellate Division of the Supreme Court of the State of New York · 1918
- New York Building Loan Banking Co. v. FisherAppellate Division of the Supreme Court of the State of New York · 1897
- Wyatt v. LortscherAppellate Division of the Supreme Court of the State of New York · 1926
- Rice v. ButlerAppellate Division of the Supreme Court of the State of New York · 1898
5 more not listed; retrieve them via the Exa API.