Howard v. Howard
New York Supreme Court
This was an appeal by the plaintiffs, from a judgment of nonsuit, at the circuit. The action was brought to recover the possession of real estate.
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This was an appeal by the plaintiffs, from a judgment of nonsuit, at the circuit. The action was brought to recover the possession of real estate. The complaint set forth that William Howard sen., being seised in fee simple, conveyed the same to the plaintiff by deed, in or about the month of May, 1852. The defendant denied the material allegations in the complaint, and claimed that the deed from Howard, sen. to the plaintiffs, under which they sought to recover, was null and void under the statute. He alleged that Howard ¡sen. brought an action against his son, the defendant in this suit, to…
1Opinion of the Court
By the Court, Brown, J.
The premises ip dispute are a part of the farm known as the Howard farm, ’situate at East Hew-York, in the counties of Kings and Queens, formerly owned by William Howard, sen., the grandfather of the plaintiffs and the father of the defendant. The plaintiffs claimed title under *665a deed in fee from William Howard, sen. bearing date the 15th day of May, 1852, and they were nonsuited at the trial, upon the ground that at the time the deed was executed and delivered William Howard, jun. was in the possession of the premises, holding adversely to the plaintiffs’ grantor.
A…
2Cases cited3 opinions
- Livingston v. Peru Iron Co.Court for the Trial of Impeachments and Correction of Errors · 1832
- Smith ex dem. Teller v. BurtisNew York Supreme Court · 1812
- Jackson ex dem. Winthrop v. WatersNew York Supreme Court · 1815
3Cited by11 opinions
- Hanson v. JohnsonCourt of Appeals of Maryland · 1884
- Saranac Land & Timber Co. v. RobertsAppellate Division of the Supreme Court of the State of New York · 1908
- Wilklow v. LaneNew York Supreme Court · 1862
- Patten v. N. Y. Elevated RailroadNew York Court of Common Pleas · 1876
- Cornwell v. ClementNew York Supreme Court · 1895
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