Public-domain · open source
OpenJurist

9 E.H. Smith 535

50 N.E 277

Clapp v. . Byrnes

New York Court of Appeals

Decided April 19, 1898

New York Court of Appeals · decided 1898-04-19

This was an action in ejectment to recover the possession of an undivided one-seventh part of certain lands situate in the town of Mamaroneck, in the county of Westchester.

Good law ✅— No negative treatment on recordhow we know

Decided 1898-04-19

How this case has been cited

Cited by 13 later decisions — most recently January 1960

1 federal appellate · 12 state decisions

6018981900191019201930194019501960decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

O’Brien, J.

¶1 The principal question in this case is the one discussed and decided in the case of Clapp v. McCabe at the present term. There are one or two questions discussed in this case that were not present in the case referred to, and they do not call for much discussion.

¶2 (1) There was no proof in the case upon which it could be found that the plaintiff was in any way estopped from claiming the lands described in the complaint as against the defendants.

¶3 (2) The instrument of April 20th, 1883, executed by the heirs of Hawley D. Clapp to Henry A. Callan was excluded by the court as evidence. The plaintiff was, at the time of executing it, an infant, and whatever effect it may have had in other respects, if any, it could not operate to divest him of his title to the lands in question under his father’s will. There was no error in excluding the paper, and the other exceptions in the case are not tenable.

¶4 The judgment should be affirmed, with costs.

¶5 All concur.

¶6 Judgment affirmed.

/9/ehsmith/535 · .json · Public domain