Hughes v. Hughes
New York Court of Common Pleas
Appeal from trial term. Action by Joseph Hughes against Henry Hughes, impleaded with David M. Koehler, Peter Engle, and Eugene Conran, to recover possession of- land. The complaint alleged exclusive seisin of the plaintiff in fee simple, and wrongful entry and detention of possession by the defendant.
Read the full summary
Appeal from trial term. Action by Joseph Hughes against Henry Hughes, impleaded with David M. Koehler, Peter Engle, and Eugene Conran, to recover possession of- land. The complaint alleged exclusive seisin of the plaintiff in fee simple, and wrongful entry and detention of possession by the defendant. The answer denied the allegations of the complaint, and for a further defense asserted that the defendant is the owner in fee simple of an undivided one-eighth of the premises, and in possession as tenant in common with the plaintiff, the derivation of the defendant’s alleged title to such…
1Opinion of the CourtBischoff, J.
The notice indicates that the appeal is intended to be taken from the judgment only. Hence we are not to inquire into the weight of the evidence, but to confine our review to the exceptions taken to the rulings of the trial court before the verdict was rendered. Code Civ. Proc. §§ 992, 994, 995, 1346; Boos v. Insurance Co., 64 N. Y. 236; Matthews v. Meyberg, 63 N. Y. 656. From the evidence adduced for the plaintiff, it appeared that on November 4, 1874, by deed dated and recorded on that day, the-executors of Thomas Kivlen, deceased, conveyed the premises described in the complaint to Lewis…
2Cases cited10 opinions
- Marx v. . McGlynnNew York Court of Appeals · 1882
- Griffin v. . Long Island Railroad Co.New York Court of Appeals · 1886
- Appleby v. . Erie County Savings BankNew York Court of Appeals · 1875
- Boos v. . World Mutual Life Insurance Co.New York Court of Appeals · 1876
- Carman v. . PultzNew York Court of Appeals · 1860
5 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Ransom v. WheelwrightAppellate Terms of the Supreme Court of New York · 1897
- Wamsley v. DarraghNew York Court of Common Pleas · 1895
- Orlando v. del PianoAppellate Terms of the Supreme Court of New York · 1897
- Reading Braid Co. v. StewartAppellate Terms of the Supreme Court of New York · 1897