Donahue v. O'Conor
The Superior Court of New York City
Appeal by plaintiff from a judgment in favor of plaintiff, rendered by a judge at special term. The facts are stated in the opinion of the court. I. The acts of defendant in entering on the premises, and procuring the tenants to attorn, were illegal and void, and. did not in law or in fact interrupt the possession of plaintiff (2 R. S. 507, § 1; 1 R. S. 744, § 3.) II.
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Appeal by plaintiff from a judgment in favor of plaintiff, rendered by a judge at special term. The facts are stated in the opinion of the court. I. The acts of defendant in entering on the premises, and procuring the tenants to attorn, were illegal and void, and. did not in law or in fact interrupt the possession of plaintiff (2 R. S. 507, § 1; 1 R. S. 744, § 3.) II. The attornment did not interrupt the possession of plaintiff; his tenants, Curley and Callaghan, continued in uninterrupted possession. “ The possession of the tenant shall be deemed the possession of the landlord,”…
1Opinion of the Court
By the Court.—Van Vorst, J.
This is an action under section 449 of the Code of Procedure, and 2 Devised Statutes, 313, and the several amendments thereto, to determine claims to real property (Burnham v. Onderdonk, 41 N. Y. 425; Barnard v. Simms, 42 Barb. 304).
The plaintiff, by his complaint, claims to have an estate in fee in the lands in question. His title was derived through a conveyance made to him by a referee in pursuance of a sale made under a judgment in an action for the foreclosure of a mortgage executed by one Thorp, the owner of the land. The referee’s deed is dated June 3, 1876.…
2Cases cited5 opinions
- Graham v. KingSupreme Court of Missouri · 1872
- Burhans v. Van ZandtNew York Supreme Court · 1849
- Burnham v. . OnderdonkNew York Court of Appeals · 1869
- Hand v. . BallouNew York Court of Appeals · 1855
- Barnard v. SimmsNew York Supreme Court · 1864