Fox v. Phelps
New York Supreme Court
Error from the superior court of the city of New York. This was an action of ejectment, brought by Fox against Phelps for the recovery of an undivided fourth part of a house and lot in the city of New York. On the trial of the cause the following facts appeared: Catharine Thorne, the grandmother of the plaintiff, died seized of the lot in question, leaving five children, of whom Abigail, the mother of the plaintiff, was one.
Read the full summary
Error from the superior court of the city of New York. This was an action of ejectment, brought by Fox against Phelps for the recovery of an undivided fourth part of a house and lot in the city of New York. On the trial of the cause the following facts appeared: Catharine Thorne, the grandmother of the plaintiff, died seized of the lot in question, leaving five children, of whom Abigail, the mother of the plaintiff, was one. She was married to one Warren Fox, and died, leaving the plaintiff her only surviving child and heir at law. Thomas, one of the children of Catharine Thorne, died without…
1Opinion of the Court
By the Court,
Bronson, J.
The judge having decided that the devisees, Henry and Isaac Thorne, took a fee in the land under the will of their mother, it is impossible to say that the jury have passed upon any other question made on the trial. We can therefore take no notice of the question of adverse possession, nor inquire whether a sufficient foundation was laid for the presumption that the charges created by the will, in favor of Abigail and Thomas, have been satified. We are left to the single inquiry, whether Henry and Isaac Thorne took a fee under the will, on the death of their mother.
The…
2Cases cited2 opinions
- Fish v. HowlandNew York Court of Chancery · 1828
- Earl v. GrimNew York Court of Chancery · 1815
3Cited by26 opinions
- Taggart v. . MurrayNew York Court of Appeals · 1873
- Lindsey v. LindseyIndiana Supreme Court · 1874
- In re the Judicial Settlement of the Account of Proceedings HardenAppellate Division of the Supreme Court of the State of New York · 1917
- Greene v. WilburSupreme Court of Rhode Island · 1886
- Dunning v. VandusenIndiana Supreme Court · 1874
21 more not listed; retrieve them via the Exa API.