Brown v. . Goodwin
New York Court of Appeals
Appeal from, judgment of the General Term of the Supreme Court, in the first judicial department, affirming a judgment in favor of defendants, entered upon a decision of the court on trial at Special Term. This action, was brought to set aside two lis pendens and a judgment recovered by defendants as an alleged cloud on plaintiff’s title to the premises described therein.
Read the full summary
Appeal from, judgment of the General Term of the Supreme Court, in the first judicial department, affirming a judgment in favor of defendants, entered upon a decision of the court on trial at Special Term. This action, was brought to set aside two lis pendens and a judgment recovered by defendants as an alleged cloud on plaintiff’s title to the premises described therein. The complaint alleged, and the court found, in substance, that the premises in question were conveyed to Gertrude W. Sharkey, in January, 1866. Defendants’ testator thereafter recovered a judgment against Marquis D. L.…
1Opinion of the CourtFolger, J.
This is a suit in equity, brought by the plain- ' tiff to remove a cloud upon her title to lauds. The alleged cloud consists of two Us pendens, filed by the testator of the defendants, and a judgment recovered by the defendants. The Us pendens assert a right in the lands hostile or paramount to the right of the plaintiff alleged by her, and the judgment determines that the defendants as executors have the right asserted in the Us pendens. Doubtless they are a cloud upon her title, if she has the title which she claims.
This appeal can be determined by a consideration of the single question,…
2Cases cited5 opinions
- Williams v. Peyton's LesseeSupreme Court of the United States · 1819
- Jackson ex dem. Cook v. ShepardNew York Supreme Court · 1827
- Marsh v. . City of BrooklynNew York Court of Appeals · 1874
- Colman v. . ShattuckNew York Court of Appeals · 1875
- Hilton v. . BenderNew York Court of Appeals · 1877
3Cited by7 opinions
- Skov v. CoffinCourt of Appeals of Texas · 1911
- Christofferson v. PfennigWashington Supreme Court · 1897
- Getman v. NiferopulosNew York Court of Appeals · 1937
- Third Nat. Bank v. GuentherSuperior Court of Buffalo · 1888
- Skov v. CoffinCourt of Appeals of Texas · 1911
2 more not listed; retrieve them via the Exa API.