Van Rensselaer v. . Wright
New York Court of Appeals
• Appeal from order of the General Term of the Supreme Oourt in the third judicial department, made Uovember 26, 1889, which reversed an order of Special Term granting leave to plaintiffs assignee to issue execution or writ of possession upon a judgment recovered in this action October 17, 1863. The nature of ’the action and the facts, so far as material, are stated in the opinion. - The claim of adverse possession is not well founded.
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• Appeal from order of the General Term of the Supreme Oourt in the third judicial department, made Uovember 26, 1889, which reversed an order of Special Term granting leave to plaintiffs assignee to issue execution or writ of possession upon a judgment recovered in this action October 17, 1863. The nature of ’the action and the facts, so far as material, are stated in the opinion. - The claim of adverse possession is not well founded. (Cagger v. Lansing, 64 N. Y. 417; Code Civ. Pro. §§ 373, 1524; Whiting v. Edmunds, 94 N. Y. 309; Jackson, v. Packer, 3 Johns. Ch. 124; Jackson v. Thompson, 16…
1Opinion of the CourtGray, J.
The application for leave to issue an execution, or a writ of possession, upon the judgment in this action was denied at the General Term, upon the ground, according to the opinion, that a legal presumption of its satisfaction has attached. The action was for the recovery of the possession of land, for breach of the condition as to payment of rent contained in a manorial lease in perpetuity, and more than twenty years ago the plaintiff was awarded judgment of possession. This judgment was never sought to be enforced by a writ of possession, and the theory of the General Term, in holding that…
2Cited by18 opinions
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- Wheeler v. EldredCalifornia Supreme Court · 1898
- In re the Estate of Van NostrandNew York Surrogate's Court · 1941
- Earl v. NalleyAppellate Division of the Supreme Court of the State of New York · 1948
- Partridge v. MoynihanNew York Supreme Court · 1908
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