Savage v. . Allen
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, reversing a judgment in favor of plaintiff, entered upon the report of a referee. (Reported below, 59 Barb., 291.) The nature of the action and the facts therein are set forth sufficiently in the opinion. Plaintiff was entitled to a confirmatory deed, notwithstanding he might have set up his claims as a defence to the ejectment suit.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, reversing a judgment in favor of plaintiff, entered upon the report of a referee. (Reported below, 59 Barb., 291.) The nature of the action and the facts therein are set forth sufficiently in the opinion. Plaintiff was entitled to a confirmatory deed, notwithstanding he might have set up his claims as a defence to the ejectment suit. (Kellogg v. Wood, 4 Paige, 615 ; McCray v. McCray, 30 Barb., 637; Traphagen v. Traphagen, 40 id., 537; Siemon v. Schurch, 29 N. Y., 598, 613.) The court has no power,…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] This action was brought to restrain the defendant from prosecuting in the Superior Court of the city of New York an action of ejectment to recover the possession of certain land in that city, the title to which is in dispute between the parties. The plaintiff prevailed before the referee, but the Supreme Court dismissed the complaint, and from the judgment entered therein this appeal is taken.
In any possible view which can be taken of this case, the judgment…
2Cases cited3 opinions
- Dobson v. . PearceNew York Court of Appeals · 1854
- Winfield v. BaconNew York Supreme Court · 1857
- Sheehan v. HamiltonNew York Court of Appeals · 1866
3Cited by44 opinions
- Mandeville v. . ReynoldsNew York Court of Appeals · 1877
- Colson v. PelgramNew York Court of Appeals · 1932
- Allis v. HallSupreme Court of Connecticut · 1904
- E. B. Latham & Co. v. Mayflower IndustriesAppellate Division of the Supreme Court of the State of New York · 1951
- Peacock v. FeasterSupreme Court of Florida · 1906
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