Smith v. . Smith
New York Court of Appeals
Appeal from judgment of the General Term of the City Court of Brooklyn, entered upon an order made November 29, 1890, which affirmed a judgment in favor of plaintiffs entered upon a decision of the court on trial at Special Term.
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Appeal from judgment of the General Term of the City Court of Brooklyn, entered upon an order made November 29, 1890, which affirmed a judgment in favor of plaintiffs entered upon a decision of the court on trial at Special Term. This action was brought to have adjudged void a conveyance of real estate made and delivered by the plaintiffs to the defendant and the cancellation thereof directed, and that plaintiffs and one Mary Ann Smith Madden be decreed to be seized of the land described therein. The facts, so far as material, are' stated in the opinion.
1Opinion of the CourtLandon, J.
April 24, 1880, the plaintiffs, together with their sister Mary, executed and delivered to the defendant, their aunt, Margaret Smith, a deed of bargain and sale of the premises described in the complaint for the unpaid nominal consideration of one dollar.
The plaintiffs and their sister Mary Ann Smith Madden were the sole heirs of their mother Hannah Smith, who died in 1876 intestate. Hannah Smith and the defendant were sisters, and with their brother Anthony, said to be an alien and residing in Ireland (but whose rights are not here involved), were the sole heirs of their sister Ann McCool,…
2Cases cited1 opinion
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