Lewis v. . Howe
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered Hovemher 7, 1901, reversing a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term and dismissing the complaint. The nature of the action and' the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered Hovemher 7, 1901, reversing a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term and dismissing the complaint. The nature of the action and' the facts, so far as material, are stated in the opinion. The quitclaim deed from Chesbro and Hull, and Charles G. Case, 2d, and wife is void and conveyed no title back to Charles G. Case, 1st. (Belmont v. O'Brien, 12 N. Y. 404 ; Marvin v. Clark, 46 N. Y. 571 ; Matter of Payton, 111 N. Y. 486 ;…
1Opinion of the CourtO’Brien, J.
The learned trial judge decided this case in favor of the jilaintiff, but the court below on appeal reversed' his judgment and dismissed the complaint, on the ground, as stated in the body of the judgment, that it being an action “ to compel the determination of claims to real property by a plaintiff in actual physical possession, it appeared that she had no interest in the lands such as is necessary to entitle her to maintain the action.” The grounds thus stated are very comprehensive in their scope and embrace every possible question in the case. I think the conclusions of the learned court…
2Cases cited14 opinions
- Moore v. LyonsNew York Supreme Court · 1840
- Connelly v. . O'BrienNew York Court of Appeals · 1901
- In Re the Accounting of RussellNew York Court of Appeals · 1901
- Nelson v. . RussellNew York Court of Appeals · 1892
- Mellen v. . MellenNew York Court of Appeals · 1893
9 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- In re the Accounting of United States Trust Co.New York Court of Appeals · 1957
- In Re the Probate of the Will of RobinsonNew York Court of Appeals · 1911
- Fidelity Union Trust Co. v. RobertSupreme Court of New Jersey · 1962
- West v. WestAppellate Division of the Supreme Court of the State of New York · 1926
- In re the Judicial Settlement of the Account of Proceedings of the Farmers' Loan & Trust Co.Appellate Division of the Supreme Court of the State of New York · 1928
27 more not listed; retrieve them via the Exa API.