Gibney v. . Marchay

After a careful examination of all the testimony, I do not think this court would be justified in reversing the judgment, as not being in accordance with the evidence. It devolved upon the plaintiff to show, affirmatively, that the house, 97 Orchard street, was purchased by Mrs. Murtagh, with the money of Michael Murtagh’s estate, and that the defendant’s purchase of the same was not bona fide. It was claimed that, in such case, the property was, by law, held in trust for the heirs of Michael Murtagh. ( Wood v. Robinson, 22 N. Y., 565.) I think these facts have not been satisfactorily…