Dewitt v. . Barley and Schoonmaker
New York Court of Appeals
This is an action to recover real property, with damages for the withholding thereof. The plaintiff sought to recover twelve hundred and seventy-seven acres of land situated in the county of Ulster. No question arose upon the pleadings. The trial took place at the Ulster circuit on the 8th day of May, 1851, before Mr. Justice Haebis.
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This is an action to recover real property, with damages for the withholding thereof. The plaintiff sought to recover twelve hundred and seventy-seven acres of land situated in the county of Ulster. No question arose upon the pleadings. The trial took place at the Ulster circuit on the 8th day of May, 1851, before Mr. Justice Haebis. Both parties claimed title under Henry Dewitt, who died on the 7th day of May, 1850. By his will, which was duly executed on the 2d day of May, 1837, he devised to the plaintiff a lot of land of which the premises in question are a part. After giving the will in…
1Opinion of the CourtMason, J.
The only question necessary to be considered in this case is, whether the opinions.of witnesses who are not medical men and are not claimed to be experts, are admissible as evidence on the question of the capacity of the grantor of dands, when given in connection with the facts and circumstances relied on to prove the incapacity, and where the witnesses, have had personal acquaintance and intercourse with the party, and state the facts on which the opinion is based. The general rule upon this subject is well stated in Shelford’s admirable treatise concerning lunatics. Speaking in regard to…
2Cases cited14 opinions
- Fish v. DodgeNew York Supreme Court · 1847
- People v. RectorNew York Supreme Court · 1838
- Norman v. WellsNew York Supreme Court · 1837
- Jefferson Insurance v. H. & D. Cotheal.New York Supreme Court · 1831
- Townshend v. TownshendCourt of Appeals of Maryland · 1848
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3Cited by18 opinions
- State v. PikeSupreme Court of New Hampshire · 1870
- Beaubien v. CicotteMichigan Supreme Court · 1864
- McKinney v. Grand Street, Prospect Park & Flatbush RailroadNew York Court of Appeals · 1887
- State v. . SkeenSupreme Court of North Carolina · 1921
- Riggs v. . American Tract SocietyNew York Court of Appeals · 1884
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