Monnot v. . Murphy
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered May 1, 1911, affirming a judgment in favor of plaintiffs entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion. Possession accompanied by the usual acts of ownership is presumed to be adverse until shown to be subservient to the title of another.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered May 1, 1911, affirming a judgment in favor of plaintiffs entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion. Possession accompanied by the usual acts of ownership is presumed to be adverse until shown to be subservient to the title of another. (Barnes v. Light, 116 N. Y. 34.) Title by adverse possession is always based upon a wrongful act. It is a defiance on the part of the occupant of the rights of…
1Opinion of the CourtCollin, J.
The action is in ejectment. The trial court directed a verdict in favor of the plaintiffs and the Appellate Division affirmed the judgment entered thereon. The lands involved are in the borough of The Bronx, New York city. The plaintiffs are the widow and the heirs at law of and claim the right to possess the lands involved, as the owners of them, through John B. Monnot, who died intestate in October, 1874. The defendant claims the right to possess them, as the owner, through Joseph Husson, who died intestate in October, 1896.
In March, 1874, it was adjudged in an action in the Supreme Court…
2Cases cited5 opinions
- Barnes v. . LightNew York Court of Appeals · 1889
- Sands v. . HughesNew York Court of Appeals · 1873
- Trustees of the Freeholders & Commonalty v. KirkNew York Court of Appeals · 1881
- Jackson ex dem. Young & Devereux v. CampNew York Supreme Court · 1824
- Monnot v. RuddAppellate Division of the Supreme Court of the State of New York · 1910
3Cited by49 opinions
- Walling v. PrzybyloNew York Court of Appeals · 2006
- Ray v. Beacon Hudson Mountain Corp.New York Court of Appeals · 1996
- Becker v. MurtaghNew York Court of Appeals · 2012
- Hinkley v. . State of New YorkNew York Court of Appeals · 1922
- Spiegel v. FerraroNew York Court of Appeals · 1989
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