Chamberlain v. . Taylor
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made at the January Term 1885 which affirmed a judgment in favor of defendants entered upon a decision of the court on trial without a jury. The nature of the action and the material facts are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made at the January Term 1885 which affirmed a judgment in favor of defendants entered upon a decision of the court on trial without a jury. The nature of the action and the material facts are stated in the opinion. The plaintiffs duly established on the trial title in themselves and were entitled to a decision finding and asserting such title in fee, and that they were entitled to the possession of the premises. (Code of Civil Proc., §§ 1502, 1519.) The clauses of the will…
1Opinion of the Court
Ruger, Ch. J.
This is an action of ejectment to recover possession of one hundred and fifty-six acres of land situate in the county of Cattaraugus, brought by the plaintiffs as executors of the will of Benjamin Chamberlain. The plaintiffs claim that Benjamin Chamberlain died, seized of an estate in . fee simple in such land, in February, 1868, and that power of sale, as well as the title thereto, became vested in them by virtue of the provisions of his will. They also claim that, having executed the power of sale by conveying the lands to one Freeman, in 1880, for a valuable consideration, and…
2Cases cited10 opinions
- Chamberlain v. . ChamberlainNew York Court of Appeals · 1871
- Hawley v. JamesCourt for the Trial of Impeachments and Correction of Errors · 1836
- White v. . HowardNew York Court of Appeals · 1871
- Lent v. . HowardNew York Court of Appeals · 1882
- Post v. . HoverNew York Court of Appeals · 1865
5 more not listed; retrieve them via the Exa API.
3Cited by74 opinions
- Rockland-Rockport Lime Co. v. . LearyNew York Court of Appeals · 1911
- Scholle v. . ScholleNew York Court of Appeals · 1889
- Gallagher v. . CrooksNew York Court of Appeals · 1892
- Harris v. McDonaldSupreme Court of Georgia · 1921
- Clift v. . MosesNew York Court of Appeals · 1889
69 more not listed; retrieve them via the Exa API.