Berger v. Horsfield
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Peter Berger, from a judgment of the Supreme Court in favor of the respondent, entered in the office of the clerk of the county of Nassau on the 6th day of January, 1919, upon the decision of the court after a trial at the Nassau Special Term.
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Appeal by the plaintiff, Peter Berger, from a judgment of the Supreme Court in favor of the respondent, entered in the office of the clerk of the county of Nassau on the 6th day of January, 1919, upon the decision of the court after a trial at the Nassau Special Term. The judgment decreed that the plaintiff is seized in fee simple absolute of an undivided three-quarters of the premises described in the complaint, and that the defendants are seized and possessed in fee simple absolute of certain undivided interests in the premises which aggregate the remaining one-quarter of the property.
1Opinion of the Court
Blackmar, J.:
The action was brought to quiet the title to real property. The issue litigated was whether plaintiff had title as against the defendants to an undivided quarter interest in the property by adverse possession. The plaintiff.and his predecessors in title have been in actual possession of the premises since the 30th day of April, 1834. Before that time the premises were owned as tenants in common by Thomas, Richard, George and Freelove Horsfield. They were all of full age except Freelove, who was an infant. On the date above mentioned, Thomas, Richard and George conveyed a…
2Cases cited4 opinions
- Culver v. . RhodesNew York Court of Appeals · 1882
- Mills v. DennisNew York Court of Chancery · 1818
- Jackson ex dem. Bratt v. TibbitsNew York Supreme Court · 1828
- Kindgen v. CraigAppellate Division of the Supreme Court of the State of New York · 1914
3Cited by6 opinions
- City of Santa Maria v. AdamCalifornia Court of Appeal · 2012
- Myers v. BartholomewNew York Court of Appeals · 1998
- Marriage v. KeenerCalifornia Court of Appeal · 1994
- Kristel v. SteinbergCity of New York Municipal Court · 1947
- Connolly v. TrabueCalifornia Court of Appeal · 2012
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