Barson v. Mulligan
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Agnes K. Murphy Mulligan and another, from a judgment of the Supreme Court in favor of the plaintiff's, entered in the office of the clerk of the county of New York on the 9th day of April, 1901, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 22d day of March, 1901, awarding to the plaintiffs double damages and directing entry of judgment in their favor, and also from an order bearing date the 22d day of…
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Appeal by the defendants, Agnes K. Murphy Mulligan and another, from a judgment of the Supreme Court in favor of the plaintiff's, entered in the office of the clerk of the county of New York on the 9th day of April, 1901, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 22d day of March, 1901, awarding to the plaintiffs double damages and directing entry of judgment in their favor, and also from an order bearing date the 22d day of March, 1901, and entered in said clerk’s office, denying the defendants’ motion for a new trial made upon the minutes.
1Opinion of the Court
Ingraham, J.:
This action was in ejectment, and the appeal presents two serious questions, the facts in relation to which are undisputed, the verdict of the jury having determined the question of the defendants’ joint possession -of- the premises, and the damages which the plaintiffs were entitled to recover. The premises in question were conveyed to one Selena Barson by a warranty deed dated' April 23, 1853, and duly recorded, who mortgaged the same to secure the payment of $1,000 on October 1, 1853.-
Selena Barson died on November 2, 1862, intestate, leaving her surviving her husband and…
2Cases cited6 opinions
- Kortright v. . CadyNew York Court of Appeals · 1860
- Phyfe v. RileyNew York Supreme Court · 1836
- Madison Avenue Baptist Church v. Baptist Church in Oliver StreetNew York Court of Appeals · 1878
- Van Duyne v. ThayreNew York Supreme Court · 1835
- Townshend v. . ThomsonNew York Court of Appeals · 1893
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Stouffer v. HarlanSupreme Court of Kansas · 1903
- Barson v. MulliganAppellate Division of the Supreme Court of the State of New York · 1902
- Becker v. McCreaAppellate Division of the Supreme Court of the State of New York · 1907
- In re BlakeDistrict Court, E.D. New York · 1909
- Lunny v. McClellanAppellate Division of the Supreme Court of the State of New York · 1906
7 more not listed; retrieve them via the Exa API.