Dever v. . Hagerty
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered October 9, .1899, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. A deed of land by a grantor out of possession is void as against a party holding adversely.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered October 9, .1899, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. A deed of land by a grantor out of possession is void as against a party holding adversely. (Jackson v. Demont, 9 Johns. 55; Jackson v. Wheeler, 10 Johns. 164; Jackson v. Foster, 12 Johns. 488; Jackson v. Smith, 13 Johns. 406.) Plaintiff cannot recover in ejectment when the…
1Opinion of the CourtWerner, J.
The action is in ejectment. The premises are in the borough of Brooklyn in the greater city of Hew York. The plaintiff, as grantor, sues for the benefit of Caulkins, her grantee, under a deed given while the defendant Hagerty was in the adverse possession of the premises. A brief recital of the chronological history of the title will clearly define the decisive question in the case. Prior to 1886 the plaintiff, Maria A. Dever, was the owner of the premises in suit. On May 12th, 1886, the same were sold for arrears of taxes to the amount of $675.00, under the provisions of chapter 114, Laws of…
2Cases cited7 opinions
- Hamilton v. . WrightNew York Court of Appeals · 1868
- Jackson ex dem. Lathrop v. DemontNew York Supreme Court · 1812
- Jackson ex dem. Preston v. SmithNew York Supreme Court · 1816
- Chamberlain v. . TaylorNew York Court of Appeals · 1883
- Pearce v. . MooreNew York Court of Appeals · 1889
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3Cited by13 opinions
- People v. . LadewNew York Court of Appeals · 1924
- Burke v. ScharfNorth Dakota Supreme Court · 1909
- Sheridan v. CardwellAppellate Division of the Supreme Court of the State of New York · 1910
- Langley v. Stondall Land & Investment Co.Court of Appeals for the Eighth Circuit · 1920
- Sheridan v. CardwellAppellate Division of the Supreme Court of the State of New York · 1911
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