New York Court of Appeals

Charles H. Barson, Respondents v. Agnes K. M. Mulligan, Appellants

March 3, 1908191 N.Y. 306

Summary

The New York Court of Appeals reversed the lower court, holding that Agnes Mulligan was not a mortgagee in possession when the ejectment action was filed, that the trial court erred in excluding evidence of a conversation with a co‑tenant, and that the plaintiffs were not entitled to double damages under the Beal Property Law because the complaint lacked the required allegation of willful holding.