Fagan v. McDonnell
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Charles E. McDonnell, fromat judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 23d day of January, 1905, upon the decision of the court rendered after a trial before the court without a jury at the Kings County Trial Term, adjudging plaintiff to be the legal owner of certain premises and entitled to recover possession.thereof, and awarding damages against said defendant for…
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Appeal by the defendant, Charles E. McDonnell, fromat judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 23d day of January, 1905, upon the decision of the court rendered after a trial before the court without a jury at the Kings County Trial Term, adjudging plaintiff to be the legal owner of certain premises and entitled to recover possession.thereof, and awarding damages against said defendant for withholding possession,
1Opinion of the Court
Miller, J.:
The plaintiff is armed with the legal title, and the judgment in her favor in this ejectment suit must be affirmed, unless the equitable title, js in the defendant. The-proof shows that on October’ 31, 1882, one Michael Dalton paid $800 for two parcels of land, including the one in question, and with full knowledge took a conveyance to this plaintiff, his niece, who subsequently learned of it; that the plaintiff on or about October 25, 1883, in the presence of. said Dalton, executed a deed of the premises, blank as to grantees, and on the following day her bond for $2,000, secured…
2Cases cited12 opinions
- Wood v. . RabeNew York Court of Appeals · 1884
- Wheeler v. . ReynoldsNew York Court of Appeals · 1876
- Allen v. WithrowSupreme Court of the United States · 1884
- Foote v. . BryantNew York Court of Appeals · 1872
- Vandevoort v. . GouldNew York Court of Appeals · 1867
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3Cited by10 opinions
- Julien J. Studley, Inc. v. LefrakAppellate Division of the Supreme Court of the State of New York · 1979
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- In re the Estate of WechslerNew York Surrogate's Court · 1939
- Angermiller v. EwaldAppellate Division of the Supreme Court of the State of New York · 1909
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