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French v. Wray

139 N.Y.S. 1123 Court N.Y. App. Div. Decision date 1913-01-16 English

Contents

Majority

p. 1123
FRENCH, Respondent, v. WRAY, Appellant.
(Supreme Court, Appellate Division, Third Department.
January 16, 1913.)

Headnote

Action by Harina D. French, as committee, etc., of William A. Cook, an incompetent person, against Emma Mann Wray.

Decision ( 139 N. Y. Supp. 339 ) amended, so as to read as follows: “Judgment and order reversed on law and facts, and new trial granted, with costs to appellant to abide event. The specific findings of fact of which this court disapproves as against the weight of evidence are the findings that the defendant’s land was included in the descriptions of the deeds under which the plaintiff claims title, that the boundary line between the plaintiff’s property and the defendant’s was not practically located north of the lands in question, and that the defendant had not acquired title to said lands by adverse possession. All concur; LYON, J., in result.”