Becker v. McCrea
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, 0. Adelbert Becker, and the defendants, Maggie McCrea and another, from a judgment of the Supreme Court in favor of certain of the defendants, entered in the office of the clerk of the county of Westchester on the 2d day of August, 1910, upon the decision of the court rendered after a trial at the Westchester Trial Term, a question of fact having been submitted to the jury, and also from an order entered in said clerk’s office on the 20th day of…
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Appeal by the plaintiff, 0. Adelbert Becker, and the defendants, Maggie McCrea and another, from a judgment of the Supreme Court in favor of certain of the defendants, entered in the office of the clerk of the county of Westchester on the 2d day of August, 1910, upon the decision of the court rendered after a trial at the Westchester Trial Term, a question of fact having been submitted to the jury, and also from an order entered in said clerk’s office on the 20th day of July, 1910, denying the appellants’ motions for a new trial made upon the minutes.
1Opinion of the Court
Hirschberg, J.:
This case has been tried three times, the first two times without a jury, and on the present occasion with a jury, at the request of the appellants. There appears to be no difference in the facts as elicited on the different trials, and the only questions presented are of law.
The action is brought for the partition of certain real estate in the county of Westchester, which was owned in 1877 by Jane B. Eddy, now deceased. In that year she conveyed the property to one Bernard Spaulding and took back a purchase-money mortgage. Spaulding conveyed the property the same year to the…
2Cases cited4 opinions
- Barson v. . MulliganNew York Court of Appeals · 1908
- Madison Avenue Baptist Church v. Baptist Church in Oliver StreetNew York Court of Appeals · 1878
- Becker v. . McCreaNew York Court of Appeals · 1908
- Becker v. McCreaAppellate Division of the Supreme Court of the State of New York · 1907
3Cited by3 opinions
- Cherrington v. South Brooklyn Railway Co.Appellate Division of the Supreme Court of the State of New York · 1917
- LaPlaca v. SchellAppellate Division of the Supreme Court of the State of New York · 2009
- Kelly v. StruthAppellate Division of the Supreme Court of the State of New York · 1914