Legal Opinion

Austin v. . Goodrich

New York Court of Appeals

Decided April 30, 1872PublishedCited by 37 opinions

Appeal from judgment of the General Term of the Supreme Court in the first judicial department, affirming an order sustaining defendant’s demurrer to the complaint, and affirming judgment entered upon said order. The action was to compel the determination of claims to certain real estate situate in the city of New York.

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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, affirming an order sustaining defendant’s demurrer to the complaint, and affirming judgment entered upon said order. The action was to compel the determination of claims to certain real estate situate in the city of New York. The allegations in the complaint as to the respective claims were: “ That the plaintiff has an estate in said premises in fee simple absolute; and she is now and has been in the actual possession thereof for more than three years last past, to wit; from the 3d day of March,…

1Opinion of the CourtForger, J.

If the plaintiff has cause of action, it must arise out of the provisions of the statnte. (2 E. S. 312, § 1, as amended, Laws of 1848, chap. 50, § 1.) She can have a cause of action, only when she or she and those whose estate she has, shall have been for three years in the actual possession of lands .or tenements, claiming the same in fee or for life or for a term of years not less than ten. In stating her right of action, she must bring herself by the averment of her complaint, within some of these provisions. She must be shown by them to have been for three years in actual possession,…

2Cases cited1 opinion

  1. Hendricks v. WaldenCourt for the Trial of Impeachments and Correction of Errors · 1819

3Cited by37 opinions

  1. Bailey v. . BriggsNew York Court of Appeals · 1874
  2. City of New Rochelle v. Echo Bay Waterfront Corp.Appellate Division of the Supreme Court of the State of New York · 1944
  3. Lewis v. . HoweNew York Court of Appeals · 1903
  4. Churchill v. . OnderdonkNew York Court of Appeals · 1874
  5. In re the Estate of SitkinNew York Surrogate's Court · 1934

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