Chrystie v. Phyfe
New York Supreme Court
APPEAL by the defendants from a judgment rendered at; a special term, after a trial at the circuit. The action was for the recovery of the possession of a house and lot, now known as No. 193 Fulton street, in the city of New York, but formerly known as lot No. 32 Partition street.
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APPEAL by the defendants from a judgment rendered at; a special term, after a trial at the circuit. The action was for the recovery of the possession of a house and lot, now known as No. 193 Fulton street, in the city of New York, but formerly known as lot No. 32 Partition street. The plaintiffs claimed to recover the same in the right of Elizabeth L. Chrystie, who is the daughter and only surviving child of Margaret Thornton Ludlow, wife of Charles Ludlow, (formerly Margaret Thornton Mackaness,) under and by virtue of the will of Thomas Mackaness, (father of said Margaret, and grandfather of…
1Opinion of the CourtRoosevelt, J.
The plaintiff, Mrs. Chrystie, who was the granddaughter of Thomas Mackaness, deceased, claims under a devise or gift, in her grandfather’s will, to be the owner of the house and lot known as No. 192 Fulton street, lately occupied by Duncan Phyfe, deceased. Phyfe died in possession of the premises in the year 1854, holding under a deed "in fee, containing *217full covenants, executed to him in 1815 by Mr. and Mrs. Ludlow, the father and mother of Mrs. Chrystie the claimant. The case presents a question of title merely, depending for its determination, not on any disputed fact, but on the…
2Cited by3 opinions
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- State ex rel. Beauvais v. Judges of the Fifth Circuit Court of AppealsSupreme Court of Louisiana · 1896