Knolls v. . Barnhart
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, reversing a judgment in favor of plaintiff entered upon the report of a referee. (Reported below, 9 Hun, 443.) This action was brought to set aside a statute foreclosure of a mortgage upon premises described in the complaint, for an accounting for rents and profits, for a determination as to the rights and interests of the parties in the premises, and for partition.
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Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, reversing a judgment in favor of plaintiff entered upon the report of a referee. (Reported below, 9 Hun, 443.) This action was brought to set aside a statute foreclosure of a mortgage upon premises described in the complaint, for an accounting for rents and profits, for a determination as to the rights and interests of the parties in the premises, and for partition. The plaintiff claimed as heir-at-law of Christian Barnhart, . deceased, the defendants were the widow of the deceased and the other…
1Opinion of the Court
Church, Ch. J.
The referee found that the ancestor Christian Barnhart was not the owner, and had no title to the premises in question at the time of his death in 1835. This conclusion must have been based upon the finding of fact, that in 1828, the said Christian Barnhart conveyed the premises by a full covenant warranty deed to William T. Hussey. The only evidence to sustain this finding was a certified copy of a deed from the county clerk’s office of Wayne county. It does not appear otherwise that said deed was ever delivered; the grantee was never in possession. More than forty years had…
2Cases cited2 opinions
- Ten Eyck v. . CraigNew York Court of Appeals · 1875
- Phelan v. KelleyNew York Supreme Court · 1841
3Cited by36 opinions
- Munoz v. . WilsonNew York Court of Appeals · 1888
- Black v. SharkeyCalifornia Supreme Court · 1894
- Carpenter v. . CarpenterNew York Court of Appeals · 1892
- Foster v. JohnsonTexas Supreme Court · 1896
- Minion v. . WarnerNew York Court of Appeals · 1924
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