Clute v. . Emmerich
New York Court of Appeals
. Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made December 23, 1881, which affirmed, so far as appealed from, a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury. (Deported below, 26 Hun, 10.) This was an action of ejectment to recover possession of certain premises in the city of New York and for mesne profits, etc.
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. Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made December 23, 1881, which affirmed, so far as appealed from, a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury. (Deported below, 26 Hun, 10.) This was an action of ejectment to recover possession of certain premises in the city of New York and for mesne profits, etc. Plaintiff claimed title under a sheriff’s deed on sale under an execution. The court found in substance that a judgment was docketed in the county of New York on…
1Opinion of the CourtFinch, J.
Very numerous answers to the careful and elaborate opinion of Daniels, J., at the Special Term, and which the General Term approved and adopted, have been presented for our consideration, and fortified by a copious citation of authorities. Selecting out those which seem most plausible and are confidently urged, we may confine what needs to be said to their discussion without useless repetition of the argument which has thus far prevailed.
1. The judgment rendered is criticised as in direct violation of the Recording Acts. That Mrs. Clute bought the property at a sale on execution, when the…
2Cases cited3 opinions
- Dunning v. . LeavittNew York Court of Appeals · 1881
- Frost v. . Yonkers Savings BankNew York Court of Appeals · 1877
- Marvin v. VedderCourt for the Trial of Impeachments and Correction of Errors · 1825
3Cited by10 opinions
- State ex rel. McGuire v. HermannMissouri Court of Appeals · 1966
- Giovanni v. GilibertoNew York Supreme Court · 1931
- Zimmermann v. HallerNew York Supreme Court · 1915
- Sperry v. SaulNew York Supreme Court · 1958
- Bank of Canton v. NelsonSupreme Court of Georgia · 1931
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