Diefendorf v. . Diefendorf
New York Court of Appeals
Appeal from order of the General Term of the Supreme 'Court in the third judicial department, made February 4,1890, which reversed a judgment in favor of defendants entered upon a decision of the court on trial without a jury and granted a new trial. The complaint alleged that plaintiff was in possession of real property under a claim of title by deed from her deceased husband and that defendants claimed the land as heirs at law of her husband.
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Appeal from order of the General Term of the Supreme 'Court in the third judicial department, made February 4,1890, which reversed a judgment in favor of defendants entered upon a decision of the court on trial without a jury and granted a new trial. The complaint alleged that plaintiff was in possession of real property under a claim of title by deed from her deceased husband and that defendants claimed the land as heirs at law of her husband. It demanded a judgment barring said defendants from any estate in said property, and that plaintiff’s title be quieted and adjudged to be free from…
1Opinion of the CourtBrown, J.
The complaint contained all the allegations essential to constitute this an action to determine claims to real property. (Code C. P. §§ 1638, 1639.)
The appellants claim that the proof did not show that the-plaintiff was in actual possession of the property. The court found that after her husband’s death she continued to reside upon it and assumed to be its owner and collected the rents-from the part not used by her.
The property was on the corner of Division and Canal streets in the village of Fort Plain, and a large building covered nearly the whole lot. The first floor was used for stores.
The…
2Cases cited1 opinion
- Church v. GilmanNew York Supreme Court · 1836
3Cited by7 opinions
- President, Etc., of Bowdoin College v. MerrittU.S. Circuit Court for the District of Northern California · 1896
- Adamkiewicz v. LansingAppellate Division of the Supreme Court of the State of New York · 2001
- In re the Estate of HoffmanNew York Surrogate's Court · 1919
- Brown v. . CrabbNew York Court of Appeals · 1898
- Lewis v. RodriguezNew York Supreme Court · 1992
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