McKechnie v. McKechnie
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, John D. McKechnie, as surviving executor, etc., of Alexander McKechnie, deceased, and another, from an interlocutory judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Ontario on the 23d day of April, 1895, upon the decision of the court rendered after a trial at the Ontario Special Term, adjudging that the plaintiffs, Jane McKechnie and Mary McKechnie, were the -owners of the premises…
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Appeal by the defendants, John D. McKechnie, as surviving executor, etc., of Alexander McKechnie, deceased, and another, from an interlocutory judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Ontario on the 23d day of April, 1895, upon the decision of the court rendered after a trial at the Ontario Special Term, adjudging that the plaintiffs, Jane McKechnie and Mary McKechnie, were the -owners of the premises described in the complaint, subject to a life lease of the plaintiff Jane McKechnie in five-ninths thereof, and subject to…
1Opinion of the Court
Follett, J.:
From July 10, 1858, the date of the. sale under the mortgage foreclosure, to October 15, 1891, the date of the commencement of this action, a period of more than thirty-three years, the defendants and their testators, have been in the undisputed possession of the mortgaged premises, claiming to be the owners thereof, and enjoying all of the rights of proprietorship. Each of the defendants interposed, in addition to defenses on the merits, the defense that the cause of action alleged in the complaint was barred by the ten and twenty years’ Statutes of Limitations.
During all of…
2Cases cited3 opinions
- Miner v. . BeekmanNew York Court of Appeals · 1872
- Lewis v. . DuaneNew York Court of Appeals · 1894
- Lewis v. DuaneNew York Supreme Court · 1893
3Cited by7 opinions
- McCartney v. TitsworthAppellate Division of the Supreme Court of the State of New York · 1907
- Kellogg v. KelloggAppellate Division of the Supreme Court of the State of New York · 1915
- In re the Estate of CusimanoNew York Surrogate's Court · 1940
- Paul Armstrong Co. v. Majestic Motion Picture Co.City of New York Municipal Court · 1914
- Herzfeld v. StraussAppellate Division of the Supreme Court of the State of New York · 1897
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