George W. Dean, Respondent v. the Metropolitan Elevated Railway Company, Appellant

Summary

The New York Court of Appeals reversed the judgment in favor of the plaintiff, holding that the plaintiff did not possess the requisite title at the time the action was commenced and that a deed from husband to wife is void at law absent valuable consideration. The Court also held that the trial court erred by refusing to charge the jury on the issue of whether the deed to Roosevelt was a mortgage, and that lack of actual possession barred the trespass action. A new trial was ordered.