Ford v. Belmont
The Superior Court of New York City
The plaintiff desiring to compel the determination of certain claims to some real estate, under the provisions of title 2, chap. 5, part 3 of the R. S., instead of taking the steps prescribed by that title of notice, etc., commenced a civil action pursuant to the Code of Procedure, under the authority of § 471 of that Code. The complaint in the action was as follows: “ The plaintiff complains: “ That she resides in the city of Brooklyn, Kings County.
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The plaintiff desiring to compel the determination of certain claims to some real estate, under the provisions of title 2, chap. 5, part 3 of the R. S., instead of taking the steps prescribed by that title of notice, etc., commenced a civil action pursuant to the Code of Procedure, under the authority of § 471 of that Code. The complaint in the action was as follows: “ The plaintiff complains: “ That she resides in the city of Brooklyn, Kings County. “ That she is the owner of the premises hereinafter described, and has an estate in fee therein; that she holds said premises as purchaser, and…
1Opinion of the Court
By the Court.—Curtis, J.
The learned judge be: fore whom the action was tried, has found that the plaintiff had been in the actual possession of the premises for three years immediately next preceding the commencement of this action, and that her possession was such as to entitle her to maintain this action. The suit is in the nature of a proceeding to compel the determination of claims to real property, pursuant to the provisions of the Revised Statutes, but prosecuted as an action, under the 449th section of the Code. It is consequently governed by the same rules as other actions, and the…
2Cases cited4 opinions
- Root v. King & VerplanckNew York Supreme Court · 1827
- Barnard v. SimmsNew York Supreme Court · 1864
- Hammond v. TillotsonNew York Supreme Court · 1854
- Ford v. BelmontThe Superior Court of New York City · 1867