Stevens v. . Hauser
New York Court of Appeals
This is an action of ejectment brought in the Superior Court, New York, to recover possession of a lot of land on Forty-sixth street, New York. Action commenced 22d June, 1861. Answer, a general denial. On the trial before the. Court and a jury, 26th February, 1863, a verdict was ordered for the Defendant, subject to the opinion of the Court at General Term. The General Term ordered judgment for the Defendant, and made a statement of facts.
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This is an action of ejectment brought in the Superior Court, New York, to recover possession of a lot of land on Forty-sixth street, New York. Action commenced 22d June, 1861. Answer, a general denial. On the trial before the. Court and a jury, 26th February, 1863, a verdict was ordered for the Defendant, subject to the opinion of the Court at General Term. The General Term ordered judgment for the Defendant, and made a statement of facts. The facts, as disclosed on the trial, were: The lot was Mo. 182, on the Hermitage Farm. The said farm was in the actual occnpation of John L. Morton,…
1Concurrence
The court below based its decision upon the two years' limitation, imposed by section eight of the bankrupt act of 1841 (5 U.S. Stat. at Large, p. 446), and held that statute a bar to the action.
This eighth section provides, that "No suit at law or in equity shall, in any case, be maintained by or against such assignee, or by or against any person claiming an adverse interest touching the property and rights of property aforesaid, in any court whatsoever, unless the same shall be brought within two years after the declaration and decree of bankruptcy, or after the cause of suit shall have…
2Cases cited7 opinions
- City Bank of Brooklyn v. . McChesneyNew York Court of Appeals · 1859
- Purchase v. . MattesonNew York Court of Appeals · 1862
- Cobb v. . CornishNew York Court of Appeals · 1858
- Bell v. ShibleyNew York Supreme Court · 1861
- Brower v. OrserThe Superior Court of New York City · 1858
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