Clapp v. Byrnes
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Edward G-. Byrnes, from a judgment of the Supreme Court in favor of the plaintiff in each of the above-entitled actions,. entered in the office- of the clerk of the county of Westchester on the 22d day of October, 1895, upon the verdict of a jury rendered by direction of the court after a trial at the Westchester Circuit.
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Appeal by the defendant, Edward G-. Byrnes, from a judgment of the Supreme Court in favor of the plaintiff in each of the above-entitled actions,. entered in the office- of the clerk of the county of Westchester on the 22d day of October, 1895, upon the verdict of a jury rendered by direction of the court after a trial at the Westchester Circuit. Each of the above-entitled actions was in ejectment to recover possession of an equal undivided seventh part of certain lands in Mamaroneck, Westchester county, which were part of a tract formerly belonging to Hawley D. Clapp, now deceased, the…
1Opinion of the Court
Hatch, J.:
So far as this appeal presents the claim that respondent was divested of title to the premises in dispute, by virtue of the judgment rendered upon the foreclosure of the mortgage held by Huldah H. Clapp, the decision in Clapp v. McCabe (84 Hun, 379) must be regarded as-.conclusive thereof in his favor,, and this question need *286have no further consideration by us. Appellant claims to have met and .overcome the obstacle which this case raised, by a deed dated April 20, 1883, and executed by respondent, his mother, and the other children of' Hawley D. Clapp, Sr., to Henry A. Callan, and…
2Cases cited15 opinions
- Williamson v. . BrownNew York Court of Appeals · 1857
- Morse v. . MorseNew York Court of Appeals · 1881
- Cambridge Valley Bank v. . DelanoNew York Court of Appeals · 1872
- Kirsch v. . TozierNew York Court of Appeals · 1894
- Mott v. . RichtmyerNew York Court of Appeals · 1874
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3Cited by8 opinions
- Consolidated Ice Co. v. MayorAppellate Division of the Supreme Court of the State of New York · 1900
- Kanenbley v. VolkenbergAppellate Division of the Supreme Court of the State of New York · 1902
- Perrior v. PeckAppellate Division of the Supreme Court of the State of New York · 1899
- Alexander-Seewald Co. v. QuestaCourt of Appeals of Georgia · 1970
- Bannin v. PeckAppellate Division of the Supreme Court of the State of New York · 1943
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