Lamont v. . Cheshire
New York Court of Appeals
Appeal from an order of the General Term of the Supreme Court, in the fourth judicial department, setting aside a verdict in favor of plaintiff, and directing a new trial. The action was in ejectment for the recovery of certain real estate, situate in Niagara county. (Reported helow, 6 Lans., 234.) The plaintiff proved, on the trial, that in June, 1859, John S. Harp became the owner of the premises, and he was a nonresident.
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Appeal from an order of the General Term of the Supreme Court, in the fourth judicial department, setting aside a verdict in favor of plaintiff, and directing a new trial. The action was in ejectment for the recovery of certain real estate, situate in Niagara county. (Reported helow, 6 Lans., 234.) The plaintiff proved, on the trial, that in June, 1859, John S. Harp became the owner of the premises, and he was a nonresident. David Harp, on October 19, 1859, commenced an action in the Supreme Court against said John S. Harp, and procured an attachment against his property, and on the same day…
1Opinion of the Court
Dwight, C.
The question to be decided in this cause concerns the true construction of the one hundred and thirty-second section of the Code, as it stood in the year 1859. This section then provided that, “in an action affecting the title to real property, the plaintiff, at the time of filing the complaint, or at any time afterward, or whenever a warrant of attachment under chapter 4 of title 7, part second of this Code, shall be issued, or at any time afterward, the plaintiff, if the same be intended to affect real estate, may file with the clerk of each county in which the property is…
2Cases cited15 opinions
- Williamson v. . BrownNew York Court of Appeals · 1857
- Tuttle v. Jackson ex dem. HillsCourt for the Trial of Impeachments and Correction of Errors · 1830
- Murray v. LylburnNew York Court of Chancery · 1817
- Phillips v. . GorhamNew York Court of Appeals · 1858
- Jaques v. WeeksSupreme Court of Pennsylvania · 1838
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3Cited by47 opinions
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- Todd, Schenck & Co. v. OutlawSupreme Court of North Carolina · 1878
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- Porter v. PicoCalifornia Supreme Court · 1880
- Atlantic Trust Co. v. The VigilanciaCourt of Appeals for the Second Circuit · 1896
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