Herrmann v. . Cabinet Land Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered March 19, 1914, affirming a judgment in favor of defendant entered upon an order of Special Term granting a motion by defendant for judgment in its favor upon the pleadings. This is an action of ejectment.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered March 19, 1914, affirming a judgment in favor of defendant entered upon an order of Special Term granting a motion by defendant for judgment in its favor upon the pleadings. This is an action of ejectment. Both parties claim under one William Bragaw, who owned the lands in question in the year 1870. The plaintiffs claim as grantees under Bragaw by virtue of several mesne conveyances. One Charles H. Schorr was the owner in the plaintiffs’ chain of title in the year 1874. The…
1Opinion of the CourtCuddeback, J.
In order to acquire the rights of a mortgagee in possession it was necessary for the defendant to show that it had entered with the mortgagor’s consent, or had otherwise entered lawfully. It was not sufficient to show an entry under circumstances that would constitute a trespass. (Barson v. Mulligan, 191 N. Y. 306, 321.) These propositions are not disputed by the defendant’s counsel, but he claims that the defendant’s possession is in accord therewith, and he relies upon the defective foreclosure proceedings to sustain his position. He attributes in some way or other to those proceedings the…
2Cases cited10 opinions
- Miner v. . BeekmanNew York Court of Appeals · 1872
- Shriver v. . ShriverNew York Court of Appeals · 1881
- Barson v. . MulliganNew York Court of Appeals · 1908
- Watson & Polhemus v. SpenceNew York Supreme Court · 1838
- Howell v. . LeavittNew York Court of Appeals · 1884
5 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Dime Savings Bank of Brooklyn v. AltmanAppellate Division of the Supreme Court of the State of New York · 1936
- Lincoln First Bank, N. A. v. PolishukAppellate Division of the Supreme Court of the State of New York · 1982
- Huber v. Glenrock State BankWyoming Supreme Court · 1925
- Jacobs v. AndolinaAppellate Division of the Supreme Court of the State of New York · 1986
- Gomez v. BobkerAppellate Division of the Supreme Court of the State of New York · 1986
9 more not listed; retrieve them via the Exa API.