Ranken v. Donovan
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Michael Donovan and another, as trustees, etc., and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings, on the 21st day of December, 1905, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 18th day of December, 1905, denying the defendants’ motion for a new trial made upon the minutes. Action of ejectment.
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Appeal by the defendants, Michael Donovan and another, as trustees, etc., and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings, on the 21st day of December, 1905, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 18th day of December, 1905, denying the defendants’ motion for a new trial made upon the minutes. Action of ejectment. The plaintiff claimed under a specific devise of the land to her in her grandmother’s will. The defendants claimed under a prior deed of conveyance…
1Opinion of the Court
Gaynor, J.:
There was no motion by either side for the direction of a verdict, but the motion on the minutes for a new trial should have been granted. When the defendants produced and put in evidence the deed of conveyance under which they claimed, a presumption of fact at once arose that it was delivered as. of its date (Strough v. Wilder, 119 N. Y. 530). In this state of the case the plaintiff claiming under the will and "the defendants under the prior deed—' the defendants were entitled to the verdict as matter of law. But their learned counsel, not satisfied with this, would go further,…
2Cases cited4 opinions
- Hathaway v. . PayneNew York Court of Appeals · 1865
- Strough v. . WilderNew York Court of Appeals · 1890
- Huebner v. RooseveltNew York Court of Common Pleas · 1877
- Ranken v. DonovanAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by3 opinions
- In re the Estate of KennedyAppellate Division of the Supreme Court of the State of New York · 1971
- Young v. WarkAppellate Division of the Supreme Court of the State of New York · 1959
- In re the Estate of SchumacherNew York Surrogate's Court · 1957