Swarthout v. Ranier
New York Supreme Court
Appeal from special term, Schuyler county. Action by Derastus Swarthout and others against William F. Ranier for removal of a cloud on plaintiffs’ title to land, and for other relief.. Judgment dismissing the complaint. Plaintiffs appeal.
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Appeal from special term, Schuyler county. Action by Derastus Swarthout and others against William F. Ranier for removal of a cloud on plaintiffs’ title to land, and for other relief.. Judgment dismissing the complaint. Plaintiffs appeal. The judgment recites that, upon the case coming on for trial, an order was “then and there made upon the pleadings, dismissing the plaintiffs’ complaint, with costs to the defendant. ” The appeal book contains no findings made by the trial court. The case states that when the cause was reached, and moved for trial, “the defendant’s attorney then and there…
1Opinion of the CourtHardin, P. J.
As no evidence was produced upon the trial, and as it is claimed the court dismissed the complaint on the ground the complaint did not state facts sufficient to constitute a cause of action, *200“ the averments of the complaint as to matters dehors the will must, therefore, for the purpose of the present appeal, be taken as true, and no reference to the answer is necessary or proper.” Smith v. Van Ostrand, 64 N. Y. 280. The formal language found in the mortgage which was executed on the 9th of July, 1890, was sufficient to cover and bind the life estate, confessedly, of Ann E., during the period…
2Cases cited12 opinions
- Smith v. . Van OstrandNew York Court of Appeals · 1876
- Vernon v. . VernonNew York Court of Appeals · 1873
- Smith v. . ReidNew York Court of Appeals · 1892
- Clarke v. . LeuppNew York Court of Appeals · 1882
- McDonald v. . MalloryNew York Court of Appeals · 1879
7 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Wilson v. Van EppsNew York Supreme Court · 1902
- Kelly v. JayNew York Supreme Court · 1894