Flood v. Cain
New York Supreme Court
Appeal from special term, New York county. Action by Rosa Flood against Sarah Cain, individually, and as guardian of Nellie Cain, Sarah Cain, Rosa Cain, Julia Cain, and Annie Cain, infants; Michael Cain and Patrick Rooney, as executors of Peter Cain, deceased; and said Nellie Cam, Sarah Cain, Rosa Cain, Julia Cain, and Annie Cain, infants,—to set aside a deed. From a judgment dismissing the complaint on the merits, plaintiff appeals.
1Opinion of the CourtFollett, J.
By a deed dated September 30, 1881, acknowledged November 19, 1884, and recorded January 27, 1885, the plaintiff conveyed certain real estate in the city of New York to Peter-Cain for the recited consideration of one dollar. From that time-on, the grantee retained the title, and collected the rents, through, the plaintiff, until January 7, 1890, when he died, devising the property to the defendants in this action. On the 15th of October, 1890,. this action was begun, seeking to set aside the conveyance upon tbeground that it was executed by the grantor in apprehension of death, and that the…
2Cited by3 opinions
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- Meislahn v. Irving National BankAppellate Division of the Supreme Court of the State of New York · 1901
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