Brown v. . Doherty
New York Court of Appeals
Appeal from a judgment of the Appellate Division óf the Supreme Court in the first judicial department, entered May 3, 1904, affirming a judgment in favor of plaintiff entered upon the report of a referee. The plaintiff, claiming to be the owner in fee, and to have been in the possession for over twenty-three years, of certain real estate, brought this action against the defendants to determine the title and to bar them from all claim thereto.
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Appeal from a judgment of the Appellate Division óf the Supreme Court in the first judicial department, entered May 3, 1904, affirming a judgment in favor of plaintiff entered upon the report of a referee. The plaintiff, claiming to be the owner in fee, and to have been in the possession for over twenty-three years, of certain real estate, brought this action against the defendants to determine the title and to bar them from all claim thereto. The defendants denied the plaintiff’s title and set up their title to the estate as devisees under their father’s will. The premises, originally,…
1Opinion of the CourtGray, J.
This action, which is brought under the provisions of article Y of title I of chapter XIY of the Code of Civil Procedure, is peculiar in its features and is not, perhaps, free from difficulty, with respect to the determination of - the conflicting claims to the title to the premises described in the complaint. I have reached the conclusion that the judgment was correct in adjudging the title to the plaintiff, upon the ground that there was a sale by the executors, in execution of the power of sale, and, under the facts of the case, that the ownership, and the right to the possession, of the…
2Cases cited4 opinions
- Brennan v. . WillsonNew York Court of Appeals · 1877
- Howell v. . LeavittNew York Court of Appeals · 1884
- M'Comb v. WrightNew York Court of Chancery · 1820
- Brown v. . CrabbNew York Court of Appeals · 1898
3Cited by4 opinions
- Rector of St. Stephen's Protestant Episcopal Church v. Rector of the Church of the TransfigurationNew York Court of Appeals · 1911
- Action Auto, Inc v. AndersonMichigan Court of Appeals · 1988
- Mayer v. CrandallAppellate Division of the Supreme Court of the State of New York · 1955
- Muller v. Manhattan Railway Co.Appellate Division of the Supreme Court of the State of New York · 1908