Legal Opinion

Church v. Hempsted

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

Decided July 1, 1898Published

Appeal by the defendants, Lyman Hempsted and Emma J. Hempsted, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of' the clerk of the county of Albany on the 14th day of July, 1897, upon- the decision of the court rendered after a trial before the court, without a jury, at the Albany-Trial Term, . . '

1Opinion of the Court

Merwin, J.:

This action was commenced in March, 1895, to recover the possession of seventy-six and three-quarter acres of land in the town of Berne, in the county of Albany, being the south half of lot Ho. 434.

It is alleged in the complaint that one Walter S. Church in his lifetime was the owner in fee and entitled to the immediate possession, and on or before the 30th of March, 1881, was in the actual possession of the premises; that on the ■ 30th of March, 1881, the said Church entered into a written agreement with one Albert B. Davis whereby Church agreed to sell and Davis agreed to…

2Cases cited8 opinions

  1. Leland v. . CameronNew York Court of Appeals · 1865
  2. Jackson ex dem' Klein v. GrahamNew York Supreme Court · 1805
  3. Jackson ex dem. Kane v. SternberghNew York Supreme Court · 1799
  4. Walter v. LockwoodNew York Supreme Court · 1856
  5. Central Bank of Troy v. . HeydornNew York Court of Appeals · 1872

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