Van Deusen v. . Sweet
New York Court of Appeals
Appeal from a judgment of the General Term of the Supreme Court in the fourth judicial district, affirming a judgment entered on a verdict in favor of the plaintiff. This action was brought to recover the possession of a farm in Saratoga county. The facts sufficiently appear in the opinion. The deed of a person non compos mentis, before office found, is not void, but voidable only.
Read the full summary
Appeal from a judgment of the General Term of the Supreme Court in the fourth judicial district, affirming a judgment entered on a verdict in favor of the plaintiff. This action was brought to recover the possession of a farm in Saratoga county. The facts sufficiently appear in the opinion. The deed of a person non compos mentis, before office found, is not void, but voidable only. (Jackson v. Gumear, 2 Cow., 552; Pearl v. McDowell, 3 J. J. Marsh, 658 ; Wait v. Maxwell, 5 Pick., 217; Ingraham v. Baldwin, 5 Seld., 45, 48; Fitzhugh v. Wilcox, 12 Barb., 235, 237; Bool v. Mix, 17 Wend., 134;…
1Opinion of the Court
Lott, Ch. C.
Both parties claimed under Sylvester Sweet, their father (who died in January, 1866), as the common source of title, the plaintiff under a devise to her in his will, dated in September, 1849, and the defendant as tenant of Henry Jacobie, a son-in-law of said Sweet, under a deed alleged to have been executed to him on the 20th day of April, 1864.
The execution of the will containing such a devise was proved, and a deed purporting to have been so executed was also introduced in evidence. There was no question made as to the execution or validity of the will, but the deed was…
2Cases cited3 opinions
- Phillips v. . GorhamNew York Court of Appeals · 1858
- Hart v. DeamerNew York Supreme Court · 1831
- Griswold v. MillerNew York Supreme Court · 1851
3Cited by63 opinions
- Hughes v. . JonesNew York Court of Appeals · 1889
- Blinn v. . SchwarzNew York Court of Appeals · 1904
- In re Estate of WilliamsCalifornia Supreme Court · 1894
- Smith v. . RyanNew York Court of Appeals · 1908
- Aldrich v. . BaileyNew York Court of Appeals · 1892
58 more not listed; retrieve them via the Exa API.