Baxter v. Baxter
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Mathias Baxter, from a judgment of the Supreme Court in favor of. the plaintiffs, entered in the office of the clerk of the county of Schoharie on the 15tli day of July, 1895, upon the decision of the court rendered after a trial at the Schoharie Circuit, the court having submitted certain questions to the jury.
1Opinion of the Court
Putnam, J.:
This action was brought by the plaintiffs as heirs at law of one J ohn Baxter, deceased, to set aside a deed of a farm in Schoharie county, N. Y., executed by said deceased to the defendant Mathias Baxter on the grounds, as alleged in the, complaint, of a want of consideration, fraud and undue influence, and the mental-incompetence of the grantor. One Benjamin Baxter and other heirs of the said. John Baxter were made defendants, because, as set out in the complaint^ they refused to join as plaintiffs. The defendant Mathias Baxter only answered, and besides denying the allegations…
2Cases cited6 opinions
- Albany County Savings Bank v. McCartyNew York Court of Appeals · 1896
- Eisenlord v. . ClumNew York Court of Appeals · 1891
- Hobart v. . HobartNew York Court of Appeals · 1875
- Corley v. . McElmeelNew York Court of Appeals · 1896
- Carpenter v. . SouleNew York Court of Appeals · 1882
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Lecour v. Importers & Traders' National BankAppellate Division of the Supreme Court of the State of New York · 1901
- Meislahn v. MeislahnAppellate Division of the Supreme Court of the State of New York · 1900
- People v. Garabed, New York County Courts1897