Barson v. Mulligan
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Agnes K. Murphy Mulligan and another, from a judgment of the Supreme Court in favor of the plaintiff's, entered in the office of the clerk of the county of New York on the 9th day of April, 1901, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 22d day of March, 1901, awarding to the plaintiffs double damages and directing entry of judgment in their favor, and also from an order bearing date the 22d day of…
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Appeal by the defendants, Agnes K. Murphy Mulligan and another, from a judgment of the Supreme Court in favor of the plaintiff's, entered in the office of the clerk of the county of New York on the 9th day of April, 1901, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 22d day of March, 1901, awarding to the plaintiffs double damages and directing entry of judgment in their favor, and also from an order bearing date the 22d day of March, 1901, and entered in said clerk’s office, denying the defendants’ motion for a new trial made upon the minutes.
1Dissent
Hatch, J. (dissenting):
This is an action of ejectment based upon the ground that defend* ants are tenants holding over without permission of their landlord.. The premises in question- were- conveyed to Selena Barson, the mother of the plaintiffs, by a warranty deed dated April 23,. 1853,. and she executed a mortgage upon the same on October 1, 1853, to-Secure the payment of the sum of $1,000.
Selena .Barson died intestate in November, 1862, still seized- and possessed of the premises,, and leaving, her surviving her -husband,; Charles, Barson, Sr., William G. Barson and Charles IT- Barson,.…
2Cases cited8 opinions
- Whiting v. . EdmundsNew York Court of Appeals · 1884
- Madison Avenue Baptist Church v. Baptist Church in Oliver StreetNew York Court of Appeals · 1878
- Van Duyne v. ThayreNew York Supreme Court · 1835
- Cambrelleng v. . PurtonNew York Court of Appeals · 1891
- Imbert v. HallockNew York Court of Common Pleas · 1862
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