Neale v. Walter
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Isabella Neale, from an order of the Supreme Court, made at the Queens County Special Term and entered in the office of the clerk of the county of Queens on the 28th day of September, 1908, dismissing the complaint. No judgment was entered, but no objection is taken to the appeal from the order.
1Opinion of the Court
Gaynor, J.:
This is an action under sections 1638 and 1639 of the Codé of Civil Procedure to determiné an adverse claim to real estate. The ■ complaint was dismissed at .the trial for not stating facts sufficient, ' in that there is no allegation that the plaintiff has been in possession ' of the land for one year. The allegation is that the plaintiff is and " has been for more than one year “ seized ” and “ possessed ” of the land; but this is followed by an allegation that the land is “ vacant and not actually occupied ”. Mevertheless the complaint is good, for possession is alleged, and…
2Cases cited2 opinions
- Churchill v. . OnderdonkNew York Court of Appeals · 1874
- Clason v. StewartNew York Supreme Court · 1898
3Cited by2 opinions
- Kiowa Realty Co. v. MolenaorNew York Supreme Court · 1917
- People v. FirthNew York Supreme Court · 1914