Miner v. . Beekman
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of New York, affirming a judgment in favor of defendants entered upon an order of the court upon trial at Special Term dismissing plaintiff’s complaint. (Reported below, 42 How.
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Appeal from judgment of the General Term of the Superior Court of the city of New York, affirming a judgment in favor of defendants entered upon an order of the court upon trial at Special Term dismissing plaintiff’s complaint. (Reported below, 42 How. Pr., 33.) ■ The action was brought by plaintiff, claiming to be the owner of the fee of certain premises in New York city, against defendants, as grantees of a mortgagee in possession, asking to have the amount of the mortgage determined, and upon payment that the same be discharged of record, ■ and plaintiff be let into possession. On the 3d…
1Opinion of the CourtGrover, J.
The counsel for the appellant insists that the action may be regarded as one for the recovery of real estate, and that therefore the time limited for its commencement, after it accrued by statute, is twenty years. (Code, § 78.) But this, within the meaning of the statue, is not an action for the recovery of real property. That was intended to include such cases only as prior to the enactment of the Code were actions at law for the recovery of real property or its possession, which were triable by jury. This is manifest from all the provisions of the Code fixing the time within which actions…
2Cases cited6 opinions
- Kortright v. . CadyNew York Court of Appeals · 1860
- Chase v. . PeckNew York Court of Appeals · 1860
- Phyfe v. RileyNew York Supreme Court · 1836
- Robinson v. . RyanNew York Court of Appeals · 1862
- Gage v. . BrewsterNew York Court of Appeals · 1865
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3Cited by87 opinions
- The Texas Company v. DavisTexas Supreme Court · 1923
- Shriver v. . ShriverNew York Court of Appeals · 1881
- Smith v. . ReidNew York Court of Appeals · 1892
- Gilmore v. . HamNew York Court of Appeals · 1894
- Mills v. . MillsNew York Court of Appeals · 1889
82 more not listed; retrieve them via the Exa API.