Barson v. . Mulligan
New York Court of Appeals
Appeal from a judgment of the Appellate Division of tho Supreme Court in the first judicial department, entered June 26, 1907, affirming a judgment in favor of plaintiffs entered, upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of tho Supreme Court in the first judicial department, entered June 26, 1907, affirming a judgment in favor of plaintiffs entered, upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The defendants were entitled to show that at the time of the commencement of the action Mrs. Mulligan was the holder of the Fisher mortgage and in possession thereunder, and any evidence tending to establish such facts was erroneously excluded. (Van Duyne v. Thayre, 14…
1Opinion of the CourtWerner, J.
This is an action in ejectment. It has had a long and varied history, in the course of which many questions have arisen, some of which are not germane to the present appeal. The principal question now before us is whether the defendant Agnes Mulligan, whom we shall call the appellant, was a mortgagee in possession when this action was instituted. The material facts which bear upon this question are briefly as follows: In 1853 Selena Barson purchased a plot of land, which embraces the premises in dispute, situate in the county of Westchester, now within the limits of the borough of the Bronx,…
2Cases cited16 opinions
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- In Re Proving the Last Will & Testament of KennedyNew York Court of Appeals · 1901
- Phyfe v. RileyNew York Supreme Court · 1836
- Mitchell v. . ThorneNew York Court of Appeals · 1892
- Dan v. BrownNew York Supreme Court · 1825
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