Legal Opinion

Smith v. Ryan

Appellate Division of the Supreme Court of the State of New York

Decided December 21, 1906PublishedCited by 3 opinions

Appeal by the plaintiffs,. Mary Smith, and others, 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 30th 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

Ingraham, J.:

■ This action is in ejectment. The plaintiffs allege that they are the owners in fee and are entitled tó the immediate possession of an undivided one-half interest in certain real property in the city and county of New York, particularly described in the complaint; that the defendants were wrongfully in possession of said premises, claiming under a lease from one Mary M. Flynn; that the said Mary M. Flynn died on the 25th day of January, 1902, leaving a last will and testament and codicil thereto; that said Mary M. Flynn, from the year 1890 down to January 25, 1902, illegally and…

2Cases cited3 opinions

  1. Van Deusen v. . SweetNew York Court of Appeals · 1873
  2. Blinn v. . SchwarzNew York Court of Appeals · 1904
  3. Blinn v. SchwarzAppellate Division of the Supreme Court of the State of New York · 1901

3Cited by3 opinions

  1. Lewis v. RyanNew York Supreme Court · 1907
  2. Hallohan v. RempeNew York Supreme Court · 1910
  3. Lewis v. RyanAppellate Division of the Supreme Court of the State of New York · 1908

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