Merritt v. Smith
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, E. Osborne Smith, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Hew York on the 8th day of May, 1899, upon the decision of the court rendered after a trial at the Hew York Special Term.
1Opinion of the Court
Patterson, J.:
This action was brought to compel the determination of claims to real property under the provisions of section 1638 et seq. of the Code of Civil Procedure. The complaint contains all the averments necessary to the maintenance of such an action, namely, that the plaintiff was entitled to real property described in the complaint, her estate therein being in fee; that she derived title through a conveyance made to her by Roland Merritt, in Hovember, 1896; that she was in possession of the property and that she or her grantor had been in possession of it for more than a year next…
2Cited by11 opinions
- Vanderveer Crossings v. RapaljeAppellate Division of the Supreme Court of the State of New York · 1909
- George v. PeopleAppellate Division of the Supreme Court of the State of New York · 1944
- People v. FirthNew York Supreme Court · 1914
- Semple v. ClarkNew York Supreme Court · 1928
- Union & New Haven Trust Co. v. PeopleNew York Supreme Court · 1960
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