Shumway v. . Shumway
New York Court of Appeals
This is an appeal from an order of the General Term of the seventh district, affirming an order made at Special Term, denying the defendant’s motion for a new trial. The plaintiffs are the executors named in the last will and testament of Isaac Shumway, deceased. The will contained an express power to the executors to sell the testator’s real estate.
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This is an appeal from an order of the General Term of the seventh district, affirming an order made at Special Term, denying the defendant’s motion for a new trial. The plaintiffs are the executors named in the last will and testament of Isaac Shumway, deceased. The will contained an express power to the executors to sell the testator’s real estate. The action was commenced to set aside a deed from the testator to the defendant, of part of said real estate, on the ground of want of capacity to convey, and that the deed was obtained by fraud and undue influence. Issues were framed for the…
1Opinion of the CourtFoster, J.
Previous to the adoption of the Code, the thirty-seventh section of “Title one. Of the action of eject ment ” (2 E. S., 309) was applied only to actions of ejectment, as the position of the section, and its language, clearly import ■ was its design. It was never applied to equitable actions, though they might, and frequently did determine, not only the possession, but the whole title to the premises in controversy.
Neither was it ever applied to the action ' of trespass guare clausum ■fregit, which was strictly legal in its character, and by means of which the whole legal title, including the…
2Cited by8 opinions
- Keyser v. SutherlandMichigan Supreme Court · 1886
- Maurer v. StinerWisconsin Supreme Court · 1892
- Cobian v. TiysicWisconsin Supreme Court · 1923
- Bucher v. CarrollNew York Supreme Court · 1880
- Butts v. FillmoreNew York Supreme Court · 1892
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