Clapp v. McCabe
New York Supreme Court
Appeal from judgment on report of referee. Action by Hawley D. Olapp against William F. McCabe and others to recover possession of land. There was a judgment in favor of plaintiff, and defendants appeal. The opinion of Charles P. McClelland, Esq., the referee before whom the case was tried, is as follows: The action is in ejectment to recover the possession of an undivided one-seventh part of certain lands situate in the town of Mamaroneck, in the county of Westchester.
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Appeal from judgment on report of referee. Action by Hawley D. Olapp against William F. McCabe and others to recover possession of land. There was a judgment in favor of plaintiff, and defendants appeal. The opinion of Charles P. McClelland, Esq., the referee before whom the case was tried, is as follows: The action is in ejectment to recover the possession of an undivided one-seventh part of certain lands situate in the town of Mamaroneck, in the county of Westchester. There is no dispute as to the facts, the only evidence offered upon the hearing being documentary. The plaintiff claims…
1Opinion of the CourtBrown, P. J.
The facts in this case are not disputed. The learned referee who heard and decided it has stated them so fully and accurately in his opinion that they need not be here repeated. We agree with and adopt his conclusions, and need add but very little to his discussion of the law of the case. We are of the opinion that the proposition of the appellants that the judgment in the foreclosure action is conclusive upon the respondent, and cannot be attacked collaterally, cannot be sustained. The supreme court, under the constitution of the state, has general jurisdiction in law and equity, but the…
2Cases cited4 opinions
- Stuart v. . PalmerNew York Court of Appeals · 1878
- Lewis v. . SmithNew York Court of Appeals · 1854
- Jordan v. . Van EppsNew York Court of Appeals · 1881
- Jacobie v. . MickleNew York Court of Appeals · 1894
3Cited by9 opinions
- Matter of Berkovitz v. . Arbib HoulbergNew York Court of Appeals · 1921
- Byrnes v. PalmerAppellate Division of the Supreme Court of the State of New York · 1897
- Arams v. AramsNew York Supreme Court · 1943
- Harris v. PearsallNew York Supreme Court · 1921
- Clapp v. ByrnesAppellate Division of the Supreme Court of the State of New York · 1896
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