Legal Opinion

Clinton v. Krull

Appellate Division of the Supreme Court of the State of New York

Decided March 4, 1908Published

Appeal by the plaintiff, George Clinton, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Niagara on the 3d day of July, 1906, upon the report of a referee. Judgment and order affirmed, with costs, upon the opinion of Tuttle, referee.

1Opinion of the Court

All concurred; Robson, J., not sitting.

The following is the opinion of the referee:

Tuttle, Referee :

The plaintiff brings this action under the provisions of article 5, title 1, chapter 14 of the Code of Civil Procedure to compel the *158determination of the defendant’s claim to certain real property situate in the city of Niagara Falls, Niagara county, N. Y.

The complaint alleges that the plaintiff has been in possession of the real property in question as the sole owner in fee thereof since the 5th day of December, 1898, on which day one Martin Clark and Cora Lee Clark, his wife, made, executed…

2Cases cited7 opinions

  1. Buffalo Cemetery Assn. v. . City of BuffaloNew York Court of Appeals · 1889
  2. Matter of Appl'n of N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1882
  3. Collins v. . Long Island CityNew York Court of Appeals · 1892
  4. Bennett v. KovarickNew York Supreme Court · 1898
  5. Welstead v. JenningsAppellate Division of the Supreme Court of the State of New York · 1905

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