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2 Thomp. & Cook 661

Andrews v. Raymond

New York Supreme Court

Decided March 15, 1874

New York Supreme Court · decided 1874-03-15

<p>fraudulent deed — undue influence — evidence.</p> <p>In an action to set aside a deed, upon the ground of fraud and undue influence, it was shown that the person procuring the deed had strenuously urged the one making it, who was a married woman and of a low grade of intelligence, to do so without consulting her husband or relations. Held, that while this was a suspicious circumstance, mere suspicion of Undue influence was not enough; it must be proved.</p>

Decided 1874-03-15

Mdllin, P. J.

¶1Appeal from a judgment entered upon the report of a referee. Judgment affirmed, upon the ground that there being a conflict of testimony, it was for the referee to determine which statements were to be believed. Nothing is contained in the opinion important for publication.

¶2Judgment affirmed.

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