Legal Opinion

Sanders v. Parshall

New York Supreme Court

Decided February 13, 1893PublishedCited by 3 opinions

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

  1. Remington Paper Co. v. . O'DoughertyNew York Court of Appeals · 1880
  2. Bockes v. . LansingNew York Court of Appeals · 1878
  3. Lockwood v. . GehlertNew York Court of Appeals · 1891

3Cited by3 opinions

  1. Ventriniglia v. EichnerAppellate Division of the Supreme Court of the State of New York · 1910
  2. Aldrich v. Newburgh News Printing & Publishing Co.New York Supreme Court · 1910
  3. Bean v. FairbanksUtah Supreme Court · 1915

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