Clark v. Davis
The Superior Court of the City of New York and Buffalo
Ejectment by Margaret Clark against Abraham Davis and others to recover a strip of land 18 inches wide on the northerly side of 112th street, in New York city. Trial by the court without a jury. Judgment for plaintiff.
1Opinion of the CourtMcAdam, J.
The source of title, the lis pendens in the foreclosure suit, filed January 17, 1872, the decree and sale thereunder, and the mesne convey*192anees vested the plaintiff with the fee of the property commencing at a point 595 feet west of Third avenue and extending westerly (herefrom a distance of 25 feet, which includes the disputed strip. In ejectment, if the title of a party from which the plaintiff’s title is deduced be admitted or established, it is not necessary to prove actual possession in himself, or in any of the intermediate grantees from whom he derives title,—possession will be…
2Cases cited11 opinions
- Crary v. . GoodmanNew York Court of Appeals · 1860
- Justice v. . LangNew York Court of Appeals · 1870
- Sherman v. . KaneNew York Court of Appeals · 1881
- Dawley v. . BrownNew York Court of Appeals · 1880
- Dunham v. . TownshendNew York Court of Appeals · 1890
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3Cited by1 opinion
- Buchanan v. AshdownNew York Supreme Court · 1893