Holland v. Brown — 17 N.Y.S. 657

Majority

p. 657

Holland v. Brown.

(Supreme Court, General Term, Second Department.

February 8, 1892.)

Headnote

Appeal—Weight of Evidence.

In an action for reformation of a deed, where all the findings of the trial judge are justified by the testimony, they will not be disturbed on appeal.

Appeal from special term. Queens county.

Action by Fanny B. Holland against Arthur Brown to reform a deed of real property. Judgment for plaintiff. Defendant appeals.

Affirmed.

• Argued before Dykman and Pratt, JJ.

Goodrich, Deady & Goodrich, (John F. Foley, of counsel,) for appellant. Henry A. Monfort, for respondent.

This is an equitable action for the reformation of a deed of conveyance of real property. The cause was tried before a judge at special term, and he has found all the facts constituting the fraud in favor of the plaintiff, and the testimony fully sustains his finding. All the questions of law were properly disposed of, and we find no error. The judgment should be affirmed, with costs.