Ten Eyck v. . Whitbeck
New York Court of Appeals
Appeal from a judgment of the late General Term of the Supreme Court in the third judicial- department, entered December 6, 1895, affirming a judgment in favor of plaintiffs entered upon a verdict directed by the court. The subject of this action was a farm in the town of Coeymans containing about two hundred and forty acres of land, to which the plaintiffs claim title by virtue of a deed from Peter W. Ten Eyck to John If. Carroll, a deed from John If.
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Appeal from a judgment of the late General Term of the Supreme Court in the third judicial- department, entered December 6, 1895, affirming a judgment in favor of plaintiffs entered upon a verdict directed by the court. The subject of this action was a farm in the town of Coeymans containing about two hundred and forty acres of land, to which the plaintiffs claim title by virtue of a deed from Peter W. Ten Eyck to John If. Carroll, a deed from John If. Carroll to Elizabeth Ten Eyck, and a deed from Elizabeth Ten Eyck to the plaintiffs. The plaintiffs in their complaint allege the making of…
1Opinion of the CourtMartin, J.
It appears from the pleadings in this action that it was originally intended as an action in equity to remove a cloud upon the plaintiffs’ alleged title. Since its commencement, however, the parties and the courts as well seem to have treated it as an action of ejectment. Therefore, in considering the casé here, we think it should be regarded as it has hitherto been treated by the parties and the courts below.
An important question in this case is whether the evidence of the delivery and acceptance of the deeds by which it is claimed that Peter W. Ten Eyck transferred the title to the property…
2Cases cited13 opinions
- Cowee v. . CornellNew York Court of Appeals · 1878
- In Re the Probate of the Will of SmithNew York Court of Appeals · 1884
- Higgins v. . EagletonNew York Court of Appeals · 1898
- Barnard v. . GantzNew York Court of Appeals · 1893
- Rehberg v. . Mayor, Etc., of City of New YorkNew York Court of Appeals · 1883
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3Cited by104 opinions
- McDonald v. Metropolitan Street Railway Co.New York Court of Appeals · 1901
- 219 Broadway Corp. v. Alexander's, Inc.New York Court of Appeals · 1979
- Gordon v. Bialystoker Center & Bikur Cholim, Inc.New York Court of Appeals · 1978
- Manhattan Life Insurance v. Continental Insurance CompaniesNew York Court of Appeals · 1974
- Allen v. . La VaudNew York Court of Appeals · 1915
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