Greenleaf v. Brooklyn, Flatbush & Coney Island Railway Co.
New York Court of Appeals
Appeal from a judgment of the general term of the supreme court, in the second judicial department, which affirmed a judgment entered on decision of a circuit court. This action, ejectment, was begun July 11, 1882, to recover in fee the land hereinafter described. The defendants, by their answers, deny that the plaintiffs have title, but they do not allege that they or either of them have title to the land in dispute.
1Opinion of the Court
Follett, Ch. J.
So far as the case before us shows, the earliest reference to the land in dispute is contained in the judgment roll in partition.
In March, 1847, Ann Stilwell, her husband joining, filed a bill in the late court of chancery against John and Jacobus Emmons, alleging that they were seized in fee as tenants in common of the land now in dispute, and of other lands.
Jacobus Emmons answered by his guardian ad litem and submitted his rights to the court.
John Emmons also answered and admitted the allegations of the bill. The mother of John and Jacobus Emmons had remarried, and she and…
2Cases cited4 opinions
- Barr v. Gratz's HeirsSupreme Court of the United States · 1819
- Jackson ex dem. Hunt v. LuquereNew York Supreme Court · 1825
- Hewlett v. D. & S. CockNew York Supreme Court · 1831
- Whitman v. HeneberryIllinois Supreme Court · 1874
3Cited by7 opinions
- Young v. . ShulenbergNew York Court of Appeals · 1901
- Peasley v. StateNew York Court of Claims · 1980
- New York Central & Hudson River Railroad v. BrennanAppellate Division of the Supreme Court of the State of New York · 1896
- Sheridan v. CardwellAppellate Division of the Supreme Court of the State of New York · 1910
- Skelly v. JonesAppellate Division of the Supreme Court of the State of New York · 1901
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