Hughes v. . Jones
New York Court of Appeals
Appeal from a judgment of the General Term of the •Supreme Court in the fifth judicial department, entered upon an order made October 24, 1885, which affirmed a judgment in favor of defendants, entered upon a decision of the court on a trial at Special Term.
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Appeal from a judgment of the General Term of the •Supreme Court in the fifth judicial department, entered upon an order made October 24, 1885, which affirmed a judgment in favor of defendants, entered upon a decision of the court on a trial at Special Term. This action was brought by plaintiff, as heir-at-law of Richard Hughes, deceased, to set aside a deed executed by him to defendant Joseph H. Jones, and a mortgage executed by said Hughes and Jones to Caroline A. Root, deceased, of whose will the other defendants are the executors, and for •other purposes hereinafter stated. On the 19th of…
1Opinion of the CourtVann, J.
On the trial of this action the court found, as a fact, upon a conflict of evidence, “ that said Bicliard Hughes, at the time of the execution and delivery of the said deed, -x- -x- -x was mentally 'competent to execute the same; that said deed was not executed by said Bichard Hughes through force, fraud or undue influence imposed upon him by said defendants, or any or either of them, but the same was the free and voluntary act and deed of said Bichard Hughes.” It is conceded that there was sufficient evidence to sustain this finding, unless the record in the lunacy proceeding was conclusive…
2Cases cited6 opinions
- Van Deusen v. . SweetNew York Court of Appeals · 1873
- Wadsworth v. . Sharpsteen and MoffatNew York Court of Appeals · 1853
- Phillips v. MooreSupreme Court of the United States · 1879
- L'Amoureux v. CrosbyNew York Court of Chancery · 1831
- Hart v. DeamerNew York Supreme Court · 1831
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3Cited by58 opinions
- United States v. Los Angeles & Salt Lake RailroadSupreme Court of the United States · 1927
- Carter v. . BeckwithNew York Court of Appeals · 1891
- Slaughter v. HeathSupreme Court of Georgia · 1907
- Finch v. GoldsteinNew York Court of Appeals · 1927
- Blinn v. . SchwarzNew York Court of Appeals · 1904
53 more not listed; retrieve them via the Exa API.