Lewis v. Upton
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Eli M. Upton and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Monroe on the 29th day of December, 1902, upon the decision of the court rendered after a trial at the Monroe Trial Term, made after the verdict of a jury rendered by direction of the court, and also from an order entered in said clerk’s office on the 29th day of December, 1902,. denying the said defendants’…
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Appeal by the defendants, Eli M. Upton and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Monroe on the 29th day of December, 1902, upon the decision of the court rendered after a trial at the Monroe Trial Term, made after the verdict of a jury rendered by direction of the court, and also from an order entered in said clerk’s office on the 29th day of December, 1902,. denying the said defendants’ motion for a new trial made upon the minutes-
1Dissent
McLennan, P. J. (dissenting):
The action was commenced on the 19th day of March, 1895, under section 1638 of the Code of Civil Procedure, to compel the determination of the claim of title made by the defendants to the premises described in the complaint. The answer denied plaintiff’s title and possession, and alleged title and possession in the defend*456ants. Plaintiff replied, averring that defendants’ title is void under the Champerty Act, and setting up adverse possession as against the defendants.
As appears by the judgment appealed from, three specific questions were submitted to the jury, as…
2Cases cited18 opinions
- La Frombois v. Jackson ex dem. SmithCourt for the Trial of Impeachments and Correction of Errors · 1826
- Snider v. CroyNew York Supreme Court · 1807
- Miller v. . Long Island Railroad Co.New York Court of Appeals · 1877
- Livingston v. Peru Iron Co.Court for the Trial of Impeachments and Correction of Errors · 1832
- Sands v. . HughesNew York Court of Appeals · 1873
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