Smith v. Smith — 220 N.Y. 729

Majority

p. 729

Benjamin T. Smith, Respondent, v. Howard Smith, Appellant.

Headnote

Smith v. Smith, 164 App. Div. 901 , affirmed.

(Argued March 27, 1917;

decided April 17, 1917.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered August 10, 1914, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term in an action to set aside and cancel a deed of real' property, upon the grounds of want of consideration, non-delivery, non-acceptance, unauthorized recording, and that it is a cloud on plaintiff’s title.

p. 730

M. S. Guiterman for appellant.

Harry G. Clock for respondent.

Judgment affirmed, with costs; no opinion.

Concur: Hisgook, Oh. J., Chase, Hogan, Pound, McLaughlin, Crane and Andrews, JJ.