Legal Opinion

Sieman v. Austin

New York Supreme Court

Decided February 14, 1859PublishedCited by 19 opinions

APPEAL from a judgment entered upon the report of a referee.

1Opinion of the CourtEmott, J.

The plaintiff brought this suit to restrain the prosecution of an ejectment by the defendant Mary Austin, and to have a sheriff’s deed of certain premises in Brooklyn *11cancelled and delivered rip. A legal and an apparently perfect title was vested in the defendant Mary Austin hy this deed, hut the plaintiff sets up paramount equities, and avers that upon the facts as alleged and proved in the court below, she is the true owner of the property, and ought to be quieted in its enjoyment. Assuming these equities to exist, and this ownership to be established, she has a right to maintain the…

2Cases cited5 opinions

  1. In re HoweNew York Court of Chancery · 1828
  2. Jackson ex dem. Merrick v. PostNew York Supreme Court · 1836
  3. White v. CarpenterNew York Court of Chancery · 1830
  4. Hosford v. MerwinNew York Supreme Court · 1848
  5. Arnold v. PatrickNew York Court of Chancery · 1837

3Cited by19 opinions

  1. Hays v. RegerIndiana Supreme Court · 1885
  2. Arntson v. First National BankNorth Dakota Supreme Court · 1918
  3. Richmond v. BlochOregon Supreme Court · 1900
  4. Wittner v. Burr Avenue Development Corp.Appellate Division of the Supreme Court of the State of New York · 1927
  5. Norton v. . MalloryNew York Court of Appeals · 1875

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