Sanders v. Parshall
New York Supreme Court
Appeal from special term, Westchester county. Action by Joshua C. Sanders against James L. Parshall to remove a cloud from the title of plaintiff’s land. From an order dismissing the complaint, plaintiff appeals. Reversed.
1Opinion of the CourtBarnard, P. J.
The complaint is not clearly drawn as a complaint for the recovery of the possession of land. The plaintiff avers plainly that he owns the title to a lot 100 feet square. He avers that the defendant claims an interest in or a title to the same, but he does *21not aver that the defendant is in actual possession, or that the lot is a vacant lot, and that the defendant claims title thereto as provided by section 1502 of the Code. Banyer v. Empié, 5 Hill, 48. By the demand for judgment the plaintiff asks that the defendant be adjudged to surrender the possession thereof to the plaintiff, but a…
2Cases cited3 opinions
- Remington Paper Co. v. . O'DoughertyNew York Court of Appeals · 1880
- Bockes v. . LansingNew York Court of Appeals · 1878
- Lockwood v. . GehlertNew York Court of Appeals · 1891
3Cited by3 opinions
- Ventriniglia v. EichnerAppellate Division of the Supreme Court of the State of New York · 1910
- Aldrich v. Newburgh News Printing & Publishing Co.New York Supreme Court · 1910
- Bean v. FairbanksUtah Supreme Court · 1915