61 N.Y.S. 542 | N.Y. App. Div. | 1899
This is an action of ejectment, brought to recover possession of the premises known as “No. 163 Lee Avenue,” in the borough of Brooklyn. The plaintiff claims title under the will of his grandmother, Lydia W. Ranken, which devised to him this property, and also No. 347 Keap street. That will was executed on March 31, 1893. The testatrix died on February 11, 1895, aged 78 years. The defendants other than those who were sued as under-tenants of the property in controversy are Michael Donovan and Cartwright McBride, who claim title as trustees under the last will and
The offer to prove, upon which the court ruled adversely to the plaintiff, was substantially designed only to show that neither Teese nor McBride made any mention of the deeds to Mrs. Donovan in the testimony which they gave upon the trial of the suit in the city court of Brooklyn. Their silence concerning these deeds on that trial had already been proved by their own testimony in the present case. The deeds and mortgages executed by Mrs. Banken after her deeds to Mrs. Donovan, and covering some of the same property, could not affect the title acquired by Mrs. Donovan. Walker v. Dunspaugh, 20 N. Y. 170; Vrooman v. King, 36 N. Y. 477. Nor were they receivable on the question of Mrs. Banken’s intent in making the conveyance to Mrs. Donovan. If they could be received on that theory, any grantor could defeat the title of a grantee by subsequently executing mortgages upon the property conveyed.
The judgment and order appealed from should be affirmed, with costs. All concur.