Barnard v. Simms
New York Supreme Court
APPEAL from a judgment rendered at a special term, dismissing proceedings to compel the determination of a claim to real estate.
1Opinion of the Court
By the Court,
Brown, J.
Proceedings to compel the determination of claims to real property, are properly brought and prosecuted by notice under the statutes in regard thereto, * notwithstanding section 449 of the code. This section declares that they may be prosecuted by action, without regard to the forms of proceeding prescribed in the statutes; but the statutes themselves are nowhere repealed or modified, but are left standing upon the statute book. In 1855, and also in 1860, the original act was changed and modified in several important particulars, by two several acts passed in those…
2Cited by8 opinions
- Best Renting Co. v. City of New YorkNew York Court of Appeals · 1928
- Stackhouse v. StotenburAppellate Division of the Supreme Court of the State of New York · 1897
- Blasdel v. WilliamsNevada Supreme Court · 1874
- Donahue v. O'ConorThe Superior Court of New York City · 1879
- Ford v. BelmontThe Superior Court of New York City · 1872
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