Goodyear v. Adams
New York Supreme Court
Appeal from judgment on report of referee. On the 31st March, 1879, the defendant Joseph P. Adams executed and delivered to plaintiff’s testator a mortgage for $1,600, on the undivided half of •325 acres of land in the town of Barker, Broome county. This mortgage was given to secure a loan then made for its amount, and was recorded on the 8th April, 1879, and this action is brought to foreclose it.
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Appeal from judgment on report of referee. On the 31st March, 1879, the defendant Joseph P. Adams executed and delivered to plaintiff’s testator a mortgage for $1,600, on the undivided half of •325 acres of land in the town of Barker, Broome county. This mortgage was given to secure a loan then made for its amount, and was recorded on the 8th April, 1879, and this action is brought to foreclose it. The defendants who answer set up, in substance, that they own the premises, deriving title under the will of Asa K. Adams, who derived his title from the will of Joshua Adams; that the mortgagor,…
1Opinion of the CourtMerwin, J.
One of the issues presented by the answer was whether Joshua Adams, on the 10th February, 1869, was of unsound mind. The referee found he was, and this finding is claimed to be unsupported by the evidence. Mr. Adams was an old man, had been sick for some time, and died soon after the date of the deed. There is evidence tending to show that in and from the fall previous his mind was impaired; that he was unconscious much of the time; was not able to help himself or appreciate his personal wants; was not able to engage in business transactions; could not talk understandingly. The testimony of…
2Cases cited2 opinions
- Van Deusen v. . SweetNew York Court of Appeals · 1873
- Riggs v. . American Tract SocietyNew York Court of Appeals · 1881
3Cited by11 opinions
- Blinn v. . SchwarzNew York Court of Appeals · 1904
- Plaquemines Oil & Development Co. v. StateSupreme Court of Louisiana · 1945
- Brewster v. WestonMassachusetts Supreme Judicial Court · 1920
- McCarthy v. Bowling Green Storage & Van Co.Appellate Division of the Supreme Court of the State of New York · 1918
- Baldwin v. GoldeNew York Supreme Court · 1895
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