Burke v. Higgins
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Margaret Burke, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Bronx on the 20th day of December, 1916, upon the verdict of a jury rendered by direction of the court after a special verdict had been received, and also from an order entered in said clerk’s office on the 14th day of December, 1916, denying plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Smith, J.:
The plaintiff claims under a deed from one John Higgins and others to the plaintiff under the name of Margaret Golden, of date January 23, 1903, the property being subject to a mortgage to the estate of Abraham Variek for $4,300. The defendant claims under the said John Higgins by deeds of later date, claiming that upon October 21, 1903, this plaintiff reconveyed said premises to said John Higgins subject to the same mortgage of $4,300. The question at issue and which was submitted to the jury was whether this paper purporting to be a deed from the plaintiff to John Higgins in 1903…
2Cases cited3 opinions
- Barson v. . MulliganNew York Court of Appeals · 1908
- Denny v. DennyIndiana Supreme Court · 1890
- Dougherty v. DeeneySupreme Court of Iowa · 1875
3Cited by1 opinion
- In re the Estate of FrenchAppellate Division of the Supreme Court of the State of New York · 1959