Brown v. . Crabb
New York Court of Appeals
Appeal from a judgment of the late General Term of the Supreme Court in the fourth judicial department, entered December 11,1894, affirming a judgment in favor of plaintiffs entered upon a verdict, and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the late General Term of the Supreme Court in the fourth judicial department, entered December 11,1894, affirming a judgment in favor of plaintiffs entered upon a verdict, and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The plaintiffs cannot maintain this action, and the court erred in refusing, at the close of the evidence, to dismiss the action on defendant’s motion. (Code Civ. Pro. § 645; § 649, subd. 1; § 708, subd. 3; §§1242, 1440, 1446, 1447, 1471, 1671; Stern v. O'Connell, 35…
1Opinion of the CourtO'Brien, J.
This is an action to compel the determination of a claim to certain real property brought under section 1638 of the Code. It is alleged, and the jury upon sufficient evidence found-, that on March 1, 1887, the plaintiffs, as tenants in common, agreed to purchase the land in dispute from the then owner. The agreement was not in writing, but the plaintiffs, in pursuance of a verbal agreement of sale and purchase, went into actual possession, paid a part of the purchase price, have since paid the taxes, cultivated and improved the land and erected a house thereon. They have also paid and…
2Cases cited5 opinions
- Crane v. . PowellNew York Court of Appeals · 1893
- Kent v. . Church of St. MichaelNew York Court of Appeals · 1892
- Schroeder v. . GurneyNew York Court of Appeals · 1878
- Diefendorf v. . DiefendorfNew York Court of Appeals · 1892
- Bohn v. . HatchNew York Court of Appeals · 1892
3Cited by4 opinions
- Mayer v. CrandallAppellate Division of the Supreme Court of the State of New York · 1955
- Brown v. . DohertyNew York Court of Appeals · 1906
- Parmely v. ShowdyNew York Supreme Court · 1914
- Agoodash Achim of Ithaca, N. Y., Inc. v. Temple Beth-El, Inc.New York Supreme Court · 1933