Lunny v. McClellan
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Farréll Ltinny, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New York on the 17tli day of March, 1906, upon the verdict of-a jury rendered by direction of the court after a trial at the New York Trial Term.
1Opinion of the Court
Laughlin, J.:
-This is an action in ejectment to recover an undivided one-seventh and undivided one-forty-second. interest in real property situated in the county of New York. ' On. the 1st day- of September, 1849, one James B. Shaw owned the premises in question in fee simple absolute and was in possession thereof. On that day he mortgaged the premises to secure the payment of the sum of $5,700- and the mortgage was duly recorded. Thereafter, and on the 5th day of October,. 1849, Shaw conveyed the premises to Farrell Lunny, who, On the 1st day of Jamiary, 185Ó, died intestate.seized of the…
2Cases cited7 opinions
- Jackson ex. dem. Merrit v. BowenNew York Supreme Court · 1827
- Hubbell v. . MoulsonNew York Court of Appeals · 1873
- Townshend v. . ThomsonNew York Court of Appeals · 1893
- Barson v. MulliganAppellate Division of the Supreme Court of the State of New York · 1901
- Smith v. GardnerNew York Supreme Court · 1864
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3Cited by3 opinions
- Hoye v. BridgewaterAppellate Division of the Supreme Court of the State of New York · 1909
- In re BlakeDistrict Court, E.D. New York · 1909
- Seitz v. MesserschmittAppellate Division of the Supreme Court of the State of New York · 1907